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1. The plaintiff's lawsuit against defendant C is dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
Reasons
1. Basic facts
A. The Plaintiff, Defendant B, D, and E established Defendant C Co., Ltd. (hereinafter “Defendant C”), and the Plaintiff owned 6,000 shares (20%) in the name of ASEAN, E 9,00 shares (30%) in the name of ASEAN, and D and Defendant B owned 7,50 shares (25%) in each of 30,00 shares issued.
B. On June 1, 2007, Defendant C acquired the business of G Co., Ltd. (hereinafter “G”), the largest shareholder of E, and found that there was a fine for negligence in arrears to be paid by G after the transfer of business, and Defendant C’s shareholders determined the fine for negligence in arrears as KRW 150,00,000 (hereinafter “instant liability”).
C. On May 2008, the Plaintiff acquired 6,000 shares of Defendant C, which were owned by Nonparty E, from May 2, 2008, and agreed to pay 550,000,000 won, subtracting 150,000,000 won, which is the debt amount of this case from the said transfer price, to E (hereinafter “first stock transfer contract”) and the Plaintiff agreed to pay 5,50,000,000 won, which is the debt amount of this case (hereinafter “first stock transfer contract”), and decided to resolve the problem caused by the failure to pay the fine for negligence of Nonparty E.
As a result of the first stock transfer contract, the Plaintiff owned 50% of the shares of Defendant C, D and Defendant respectively, and 25% of the shares.
On October 26, 2009, the Plaintiff agreed to transfer the total amount of KRW 15,000 shares of Defendant C, which was held in the name of Defendant C and F, to Defendant B at KRW 1,560,000,000, and to pay the share transfer price until November 30, 2009.
(hereinafter referred to as “second share transfer contract”). (e)
E filed a lawsuit against the Plaintiff for damages against the Seoul Western District Court on the ground that the Plaintiff did not perform the instant obligation, and the said court rendered a judgment on February 7, 2014 to the effect that “The Plaintiff shall pay E KRW 55,350,000 and delay damages.”
The plaintiff is above E through an agreement with E on March 13, 2014.