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1. Defendant C’s KRW 300,000,000 as well as 5% per annum from May 16, 2012 to April 11, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a company running a business such as sale of golf appliances and distribution of instruments related to golf driving range, such as a golf sulara, and Defendant B works as the representative director of the Plaintiff Co., Ltd. on May 16, 2012 and served as a joint representative director from May 31, 2012 to July 17, 2012.
Meanwhile, Defendant C was appointed as the representative director of the Plaintiff Company on May 14, 2012, but resigned on May 31, 2012 and served as the representative director of the Plaintiff Company from May 31, 2012 to July 17, 2012, and again served as the representative director of the Plaintiff Company from October 5, 2012 to January 4, 2013.
B. On May 16, 2012, Defendant B entered into a contract to transfer management rights to the Plaintiff Company (hereinafter “instant contract”) with Defendant C, the entire shares issued by the Plaintiff Company. The main provisions of the said contract are as follows.
(A) Article 1(2). (Purpose of this Agreement) ① The purpose of this Agreement is to determine all matters relating to the acquisition by transfer of management rights of the company (referring to the Plaintiff company; hereinafter the same shall apply) and of registered common shares 210,000 shares of “company” owned by “A” (referring to Defendant B; hereinafter the same shall apply).
2. The term "acquisition of management right" means a case where a person designated by "B (referring to Defendant C; hereinafter the same shall apply)" as a representative director and director of the company is selected and appointed as a representative director and director of the company and is able to operate the board of directors by transferee.
section 3 (Sales Price, etc.) (1) The 105,002 note 10,000 per day of this contract shall be traded in the Won 15,00,000 won (Won 15,000,000).
Accordingly, “B” shall pay “A” the daily amount of KRW 15,000,000 (Won 15,000,000,000), and “A” shall be 105,002 shares of “A”.