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1. The Defendant’s KRW 156,50,000 as well as 20% per annum from June 21, 2015 to September 30, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On November 8, 2012, the Plaintiff and the Defendant, representing the Defendant, entered into a contract on the quantity of shares and water supply that the Plaintiff would transfer 2,000 shares to the Defendant for KRW 140,000,000,000, which are set forth in detail as follows.
(1) The amount of transfer will be paid up to April 25, 2013.
(2) The Defendant shall pay 1.5 million won per month to the account designated by the Plaintiff separately from the amount of transfer.
B. Meanwhile, C has jointly and severally guaranteed the Defendant’s debt for the instant stock and water supply contract.
C. At the Defendant’s request, the Plaintiff gave C share transfer to the transferred shares of this case.
[Ground for recognition] The facts without dispute, Gap evidence 1 through Gap evidence 7 (including paper numbers, part of Gap evidence 3's name is the defendant who lent several borrowed names to Eul, Eul is the defendant's words, the defendant's certificate of personal seal impression (Evidence 6-2) issued by the defendant himself and the certificate of personal seal impression (Evidence 6-2) and the certificate of personal seal impression are delivered to Eul, and the defendant's failure to file a criminal complaint against Eul, etc., the fact that Eul prepared by proxy for the defendant is recognized), the purport of the whole arguments, and the purport of the whole arguments.
2. The occurrence of liability to pay agreed amounts;
A. According to the above facts, the defendant is obligated to pay to the plaintiff 156,50,000 won [=140,000,000 won + 16,500,000 won + 16,500,000 won] and the damages for delay calculated at the rate of 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 21, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the complaint of this case.
B. The defendant asserts that the parties to the contract of the quantity of shares and water supply of this case are the plaintiff and C, but not C has concluded a contract by lending the defendant's name, but C is a joint guarantor and the defendant is a party to the contract, the quantity of shares and water supply contract of this case.