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1. The Defendant shall pay KRW 574,876,00 to Nonparty Co., Ltd. for the year from December 19, 2015 to August 25, 2016.
Reasons
1. Basic facts
A. The party status 1) Nonparty B Co., Ltd. (hereinafter “B”).
(2) The Plaintiff is a shareholder who holds 431,60 shares (17.22%) out of the total issued shares of B, and the Defendant holds 502,66 shares (20.06%) out of the total issued shares of B, and is a shareholder who owns 502,66 shares (20.06%) from March 31, 200 to March 6, 200, as a director of B, and from March 7, 2008, as a representative director of B from March 7, 2008 to March 7, 2008.
B. At the time of 2008, the number of shares issued by B was 4,060,000 shares, and C was the largest shareholder who held 32% shares (1,298,000 shares) out of the total number of shares issued by B as of February 19, 2008. C had borrowed KRW 706,00,000 from B in the form of provisional payment, without the resolution of the board of directors, in the position of the representative director. Accordingly, B’s board of directors dismissed C from the office of the representative director on February 19, 208 on the ground of the above act of breach of trust, and C retired from the office of director on March 10, 208.2) The Defendant was appointed as the representative director of B in accordance with the resolution of the board of directors of March 27, 2008.
C. The Defendant’s acquisition of B’s shares and the assumption of the obligation of C’s provisional payment 1) B are 1,298,000 shares issued and held by C in order to preserve the right to claim damages arising from the breach of trust as above by C (hereinafter “instant shares”).
(2) On April 16, 2008, upon filing an application for provisional seizure of shares with the Cheongju District Court for provisional seizure of shares (Cheongju District Court 2008Kahap182) on April 16, 2008, the Defendant acquired the shares of this case from C on June 5, 2008 in KRW 706,00,000, and instead of paying the purchase price of shares, the Defendant entered into a contract for transfer and acquisition of shares with the content that the Defendant is exempted from liability for provisional payment of KRW 706,00,000 against C.
B on the same day.