Text
1. The Plaintiff:
A. Defendant B and C jointly share KRW 200,000,000 and their related thereto from April 17, 2013 to August 12, 2016.
Reasons
1. Basic facts
A. Defendant B, including the status of the parties,
B. (1) As seen in paragraph (1), F Co., Ltd. (hereinafter “F”).
) G Co., Ltd. established for acceptance (hereinafter “G”).
Defendant C is a representative director of G and was a major shareholder. (2) Defendant D was registered as the representative director from August 29, 2011 to June 18, 2014, and Defendant E was working under the name of “president” subject to Defendant D’s punishment.
3) On July 1, 2017, the Plaintiff changed the name of the company from “H Co., Ltd.” to its current name. B) Defendant B and C entered into a contract with Defendant B and C (hereinafter collectively referred to as “Defendant B, etc.”) on the following grounds: (a) Defendant B and C entered into a contract with Defendant D and F on October 12, 2012 in the name of G.
(hereinafter referred to as the “instant acquisition agreement”). The main contents of the said agreement include that G acquires rights, such as 2.30,000 won, including the shares issued in F in the amount of KRW 7 billion and the management rights incidental thereto.
2) On November 15, 2012, which was after the conclusion of a contract, Defendant B, etc. established G for the performance of the contract, and paid the down payment of KRW 500 million to Defendant D and F on November 26, 2012. C., Defendant B, etc., only paid the instant transfer amount of KRW 1.63 billion out of the contractual price of KRW 7 billion until February 2013, and did not procure the remainder of KRW 5.37 billion.
Accordingly, Defendant B, etc. continued negotiations with the Plaintiff around March 2013.
2) F is at the time F, Inc. I (hereinafter “I”).
(2) The Plaintiff was liable for a loan of KRW 23.825 billion. However, as a security for the above obligation, the Plaintiff created a first priority pledge of F shares. ① The Plaintiff solely uses the instant transfer amount of KRW 6 billion as the acquisition price of shares under the contract (except for financial advisory fees, ② the F uses all the borrowed money for repayment of the loan to I, and ③ the F uses it as the repayment of the loan to I.