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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from January 8, 2013 to October 7, 2014.
Reasons
1. Facts recognized;
A. On January 8, 2013, the Plaintiff entered into a contract with Defendant, D, and E to acquire 531,801 shares of the instant company (hereinafter “instant shares”) out of 854,564 shares issued by the instant company (hereinafter “instant shares”) at KRW 1.2 billion (hereinafter “instant share acquisition agreement”).
B. On the same day, the Plaintiff agreed to take over the management right of the instant company from the Defendant in the amount of KRW 750 million (hereinafter “instant promise”) in addition to the acquisition of the said shares (hereinafter “instant promise”). The Plaintiff agreed to take over the management right of the instant company in the amount of KRW 150 million on January 8, 2013, KRW 250 million on April 30, 2013, KRW 250 million on April 30, 2013, KRW 250 million on May 31, 2013, KRW 40 billion on May 31, 2013, and KRW 100 million on December 31, 2013).
C. The Plaintiff paid a total of KRW 350 million to the Defendant, including KRW 150 million on January 8, 2013, and KRW 150 million on May 9, 2013, according to the instant undertaking, but did not pay the remainder.
With the lapse of May 31, 2013, the Plaintiff sent to the Plaintiff a certificate of content that “Around June 4, 2013, KRW 300 million out of KRW 50 million, KRW 250 million, and KRW 300 million, among the secondary payments stipulated in the instant undertaking, shall not be paid.” The Defendant sent to the Plaintiff a certificate of content that “Astrest that the Plaintiff shall pay KRW 300 million out of the transfer price of management right 400 million by June 15, 2013.”
E. On December 31, 2013, the Defendant filed a lawsuit claiming that the Plaintiff et al. cancel the instant share acquisition agreement and the instant undertaking on the grounds of the Plaintiff’s delay in the payment of management rights pursuant to the instant undertaking, against the Plaintiff et al. on the grounds of the Plaintiff’s delay in the payment of management rights. The Defendant filed a lawsuit seeking the transfer of the instant shares by restitution. The duplicate of the complaint reached January 13, 2014 with the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 5, Eul evidence 5, the purport of the whole pleadings
2. The acquisition agreement of this case and the promise of this case by deception, etc. of the defendant.