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1. Defendant C shall pay 454,486,400 won to the Plaintiff and 6% per annum from April 11, 2014 to the date of full payment.
Reasons
1. Basic facts
A. 1) The Plaintiff is an urban gas sales and wood pellets, and a fuel that is compressedly processed in the original pole form after crushinging fire pellets, such as wood waste or bamboo cut trees. Not only does it remain in a large amount of heat generated from ordinary trees but also do not exceed 95% in the burning rate, but also carbon emissions are merely 1/12 of the general light oil, and they are in the form of eco-friendly fuel. The Defendants are shareholders of D (D; hereinafter referred to as “D”) who produce wood pellets, and the Defendants are co-representatives of D (D; hereinafter referred to as “D”), a local subsidiary, from October 2013 to August 2014.
As of October 18, 2013, the shareholder composition as of October 18, 2013 is as follows: (a) Defendant C 875,000 shares holding ratio (%) Defendant C 1, Defendant C 2, 875,000 35,000 E 30,000 300,000 124 F 200,000 G 5 G 250,0000 8 G 250,0000 100 3) D; (b) the Plaintiff became aware of D around October 2013 while having found the stable supply place of pellets.
The Defendants suggested that they make investments in D around that time.
2) On December 27, 2013, the Plaintiff entered into the Investment Convention for Timber pellets and Resources Development Projects (hereinafter “instant Investment Convention”) with D on December 27, 2013.
3) The main contents of the instant investment agreement are as follows.
In order to improve the management environment of D through the conclusion of this Investment Convention between the Plaintiff and D (joint representative C and B), and to jointly promote resource development projects (including biomass and PKS) in the future, it is necessary to confirm the will to implement the following projects in order to obtain the collapse effect in the existing projects of both companies:
Article 1 (Purpose)
1.This Convention shall, in principle, seek the benefit of doubles through the expansion and stable production and sale of production facilities of D in consultation with each other in good faith and sincerity, and shall produce pellets of high-quality timber;