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1. The Defendant’s KRW 510 million to the Plaintiff, as well as 5% per annum from December 9, 2016 to July 12, 2018.
Reasons
1. Basic facts
A. On January 16, 2014, the Plaintiff sold all shares of C Co., Ltd. (hereinafter “C”) owned by the Plaintiff to the Defendant in total at KRW 970 million.
(hereinafter referred to as the “instant sales contract”) B.
On August 21, 2014, the Defendant assumed office as the representative of C, and the trade name of C was changed to D Co., Ltd. on the same day.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, Eul 6 and 8, the purport of the whole pleadings and arguments
2. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of KRW 570 million, excluding KRW 400,000,000,000,000, and the delay damages, except in extenuating circumstances, to the Plaintiff out of the purchase price under the instant sales contract.
3. Judgment on the defendant's defense, etc.
A. The summary of the Defendant’s assertion ① at the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant agreed on February 25, 2014, which was determined as the date of the payment of the remainder, that the Plaintiff would be paid the remainder from the Defendant, and thus, the Defendant may refuse the payment of the remainder KRW 570 million (hereinafter “the remainder”).
② In addition, the Plaintiff did not perform its obligation despite transferring C’s shares to the Defendant according to the instant sales contract. Thus, the Defendant may refuse to perform the Defendant’s obligation to pay the remainder of the obligation to transfer C shares until the Plaintiff transferred C’s shares to the Defendant.
B. 1) In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 2 and Eul evidence Nos. 8, the plaintiff agreed with the defendant on February 25, 2014, which is the remaining payment date, to settle all of Eul's obligations prior to the defendant's payment of the remainder. 2)