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1. Defendant G Co., Ltd.: (a) from March 31, 2017 to May 31, 2017, with respect to each of the Plaintiffs’ KRW 20,000,000 and each of the said money.
Reasons
Basic Facts
Defendant G Co., Ltd. (hereinafter “Defendant Company”) is a corporation established on December 3, 199 with the objective of conducting projects, such as the evaluation of English proficiency and the development of related software and hardware.
Around August 2014, the largest shareholder of the defendant company was I (I appears to have changed the trade name to J). Around that time, negotiations on the acquisition and transfer of management rights of the defendant company between I and K were underway.
On August 7, 2014, the Plaintiffs established a separate legal entity in relation to the ESPT business (English ability Evaluation Test) with K, which was the representative of the Defendant Company (not appointed as the representative director), to invest KRW 20 million in the Defendant Company, and transferred each of the above investments to a financial account in the name of L as designated by the Defendant Company, respectively.
At the time, K representing the defendant company granted 5% of the shares issued to the plaintiffs at the time of separate incorporation, but if the above business (establishment of a corporation) is non-contributed, the defendant company decided to immediately return the investment amount to the plaintiffs.
(A) On August 31, 2014, around August 31, 2014, K entered into a contract with I and K to transfer and acquire the shares of the Defendant Company. At that time, K was appointed as the representative director of the Defendant Company.
However, from April 2015 to April 2015, Defendant H had negotiated as to whether Defendant H will acquire management rights of Defendant H from K, and in this regard, Defendant H entered into a contract with Defendant H to entrust the management of Defendant Company upon entrustment from K on April 10, 2015.
(No. 5) On May 7, 2015, Defendant H prepared and issued a “certificate of investment prohibition” (Evidence No. 2) to the Plaintiffs as an individual qualification.
The above commitment states that “Defendant H shall pay each of the plaintiffs 20 million won when acquiring the Defendant Company.”