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1. The Defendant’s KRW 360,5250,000 as well as the Plaintiff’s annual rate from June 25, 2016 to September 7, 2017.
Reasons
1. Facts of recognition;
A. On September 2014, the Defendant entered into a contract with the Plaintiff on the transfer of the entire shares issued by the instant company to the Plaintiff of KRW 150 million (hereinafter “instant sales contract”) that is a company engaged in manufacturing and selling communications equipment (hereinafter “instant company”).
B. From October 2014 to March 2016, the Plaintiff paid to the Defendant a total of KRW 150 million from November 201 to March 2016, and separately leased KRW 24525 million from November 2012 to March 2016 (hereinafter “instant loan”).
C. Around October 2015, the Plaintiff assumed office as a sole internal director of the instant company and transferred the name of the representative of the business registration regarding the instant company, but has not been transferred the shares of the instant company from the Defendant until now, and was repaid only KRW 2 million out of the loan granted under the instant loan.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 3 through 5, 10, 11, Eul's 4 and 5 (including each number), the purport of the whole pleadings
2. The judgment of the primary claim is based on the following: (a) although the Defendant did not intend to transfer all outstanding shares issued by the instant company to the Plaintiff, the Plaintiff made a sales contract of this case by deceiving the Plaintiff, and received KRW 150 million from the Plaintiff as the purchase price; (b) as if the Plaintiff was to use the loan money for personal purposes, the Plaintiff could be used as the operating fund of the instant company; (c) by deceiving the Plaintiff, thereby borrowing KRW 245.25 million from the Plaintiff; (d) As such, the Defendant paid the Plaintiff a total of KRW 150 million from the purchase price under the sales contract of this case and KRW 25.25 million from the loan money under the loan of this case, which is part of the loan money under the loan of this case.