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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 250,000,000 and the interest rate thereon from June 20, 2013 to the date of full payment.
Reasons
1. Basic facts
A. In around 2006, the Plaintiff entered into a business agreement with G operating the Fwa Holdings by leasing a building located in Dongdaemun-gu Seoul, Dongdaemun-gu (hereinafter “this case”) on the content that the Plaintiff independently carries out the business of photographing and photographing in this case, and that G would have the amount of photographing by a certain ratio, and paid KRW 150 million to G as security for the said business.
B. A around November 2, 2011, around November 2, 2011, G transferred 70% of the shares in the instant database to Defendant B, and the name of business registration was changed to Defendant B and G around November 10, 2012.
C. On November 17, 2011, the Plaintiff entered into a contract with Defendant B to change the said business contract with Defendant B to “from November 17, 2011 to November 16, 2013, the ratio of the amount of distribution of taking pictures from November 17, 2011 to November 16, 2013, the deposit amount of KRW 8:2,50,000 (within 10 days upon termination of the contract)” (hereinafter “instant business contract”), and paid additional KRW 100,000 to the Defendant B.
Of the shares of this case to Defendant C and D, G transferred 250 million won around May 2012 to KRW 250 million, and Defendant B transferred 450 million around June 2012 to KRW 580 million (this led to Defendant C, D, Defendant B, and Defendant B owned 70%, Defendant B’s 25%, and 5% shares), as stipulated in the above transfer agreement, and thereafter Defendant C was in exclusive charge of the operation of the instant database, and the name of business registration was changed to Defendant B, D, and G around December 28, 2012.
[Basis] As to Defendant B, the basis for recognition: (a) deemed confession under Article 150 of the Civil Procedure Act; (b) the fact that there is no dispute against Defendant C and D; (c) each statement of evidence Nos. 1, 4, 3, 4, 7, 12 (including each number; hereinafter the same shall apply); and (d) the purport of the entire pleadings
2. The parties' assertion
A. The Plaintiff’s assertion was concluded with the Dong company operating the instant wa Holdings, and the contract period was expired on November 16, 2013, and thus, the instant business contract was expired.