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1. The Defendant’s KRW 865,00,000 for the Plaintiff and the following: 5% per annum from June 12, 2012 to September 20, 2019.
Reasons
1. Basic facts
A. The Defendant was the representative director of the Co., Ltd. (hereinafter “C”) who engaged in the wholesale retail and service business, film production business, software development business, etc., and the Plaintiff is a person registered as C’s auditor on June 7, 2010.
C was ordered to be dissolved on December 1, 2015, and the liquidation was concluded on December 3, 2018.
B. On October 20, 2009, the Plaintiff loaned KRW 200,000,000 to the Defendant for the payment period of KRW 9,000 on November 15, 2009, and received KRW 46% of C’s shares as security by the Defendant. (2) On March 19, 2010, the Plaintiff entered into a contract with the Defendant and C on the exclusive sales right with the Defendant on March 19, 2010, with the Defendant to acquire KRW 50,00,000 of C’s shares (6,010 shares) from the Defendant.
3) On May 3, 2010, the Plaintiff and D entered into a contract with the Defendant to acquire KRW 55,292 shares of KRW 500,00,00,00 among the shares of C owned by the Defendant, and upon special agreement, the Plaintiff agreed to pay KRW 1,80,000 to the Defendant in installments within one year from May 3, 2010 under the pretext of investment deposit, etc. The Plaintiff entered into a contract with the Defendant on July 20, 2010, with D separately from the Plaintiff, but the Plaintiff agreed to grant the Plaintiff a preferential right to purchase shares of KRW 30,00,00,00 to the Plaintiff. (4) On August 9, 2010, the Plaintiff paid KRW 27,646,138,230,000 to the Defendant, and the Plaintiff granted KRW 1,60,000 to the Plaintiff as a 30,000,00,000,00.
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