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1. The defendant shall deliver the share certificates listed in the attached Form C to the Co., Ltd.
2. The costs of lawsuit shall be borne by the defendant.
Reasons
1. Basic facts
A. The party status D Co., Ltd. (hereinafter “D”) is a company operating “G” located in F Hotel E at Seopoposi, and C Co., Ltd. (hereinafter “C”) owned all 30,000 shares of D issuance (hereinafter “instant shares”).
C On February 8, 2010, the Busan Savings Bank (which was declared bankrupt on August 16, 2012, the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy; hereinafter referred to as the “BF”) concluded a pledge contract with the Busan Savings Bank to secure the loan obligation.
The Plaintiff and the Defendant concluded each transfer contract with each of the following C or D:
B. On December 15, 2010, the Plaintiff entered into a transfer contract of this case and entered into a transfer contract of this case 1) with C on December 15, 2010, with the content that the Plaintiff acquires all of the instant shares, G’s business license, and assets within the place of business at KRW 14.6 billion (hereinafter “instant transfer contract”).
At the time of the conclusion of the contract, the Plaintiff and C, without any condition, paid KRW 1.3 billion as the contract deposit on the date of the contract, and as the remaining down payment and intermediate payment until December 24, 2010, respectively. ② The remaining 12.3 billion won shall be paid by January 15, 201, and the Plaintiff agreed to pay the balance in the event that the Plaintiff considers that there is no problem in the change in the corporate register of D by receiving all documents necessary for the Plaintiff to take over G’s business, such as the transfer contract of the instant shares and the resignation of the representative director or auditor. (2) The Plaintiff paid KRW 1.4 billion as the contract deposit on the day of the contract pursuant to the transfer contract of this case to C pursuant to the transfer contract of this case.
However, with respect to the above remaining down payment and intermediate payment KRW 1.3 billion, C is a contract deposit and intermediate payment agreed to receive from the Busan Savings Bank at the request of the plaintiff.