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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and Defendant B with respect thereto from November 16, 2013, and Defendant E, F, and F.
Reasons
1. Basic facts
A. On July 29, 2009, the Plaintiff loaned KRW 500 million to H Co., Ltd. at a rate of 20% per annum until May 30, 2010. On April 29, 2010, a notary public drafted a notarial deed with the law firm No. 825 of the I General Law Office as a notary public on April 29, 2010.
B. On July 16, 2010, H Co., Ltd. filed an application for rehabilitation with this court. On September 6, 2010, H Co., Ltd. received a decision of commencement of rehabilitation, and the Plaintiff was not paid KRW 500 million from H Co., Ltd., and on August 30, 2010, the Plaintiff entered into a contract on stock transfer (hereinafter “instant stock transfer contract”) with the Defendants, who are shareholders of the said company, on the following grounds.
[Contract for Transfer of Stocks] Defendant C, D, E, F, and G: The transferee of shares: Defendant B (the de facto holder of shares) of the guarantor
1. A shall transfer to B the shares of H Co., Ltd. (Defendant C: 31,460 shares, Defendant D: 19,140 shares, Defendant E, F, and G: 1,980 shares, respectively, on August 30, 2010 under the following conditions:
2. It is deemed that KRW 565,400,000 of the above 56,540 share price has to be paid to B as stated in No. 825 of notarial deed 2010.
3. Since the above company is currently applying for legal management, the company did not make an application for change of shares, received shares by transferring them with this case’s contract, and if it wishes to do so out of the legal management, the company A may transfer shares at any time and make an application for change of shares at the tax office.
4. Even after the operation of the above Company was under legal management or escaped from legal management, Eul is fully responsible and managed, and if the Company’s operating funds and shares of J, K, L, and M are acquired, the subscription amount shall be held liable.
5. However, in principle, the debt amount of the above company incurred up to the present date (including the debt amount of the company “B”) shall be preferentially paid out of the company’s profits, but the company’s debt amount.