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1. The Defendant’s KRW 1,596,58,158 to the Plaintiff and KRW 5% per annum from April 14, 2017 to February 1, 2018.
Reasons
1. Basic facts
A. The Plaintiff (around November 7, 2017, whose trade name was changed from the “Stock Company Kros” to the “NELS”) is a company established for the purpose of engaging in the small cargo specialized transport business, freight trucking business, etc., and the Defendant is a company established for the purpose of engaging in the road transport business, freight handling business, etc.
B. On February 1, 2017, the Plaintiff entered into a share purchase contract with the Defendant and the Defendant’s (hereinafter “instant contract”) with a view to purchasing KRW 14,420,855 shares of common shares of the KBS Co., Ltd. (hereinafter “subject company”) (hereinafter “instant shares”) at KRW 10 million (hereinafter “instant contract”).
C. The part of the instant contract provides for the Defendant’s undertaking regarding the instant case is as follows.
Article 1. The term "standard statement of financial position" means the statement of financial position as of December 31, 2016 of the target company.
“The Promissory Notes” has the meaning defined in Section 8.1(2).
The term "this transaction" means the sale and purchase of shares subject to the implementation by the parties under this Agreement.
“Closing” means the completion of this transaction, and “Closing date” has the meaning defined in Article 5.1.
5.1 Termination. The termination of this transaction is made at the office of the defendant on February 6, 2017, provided that the prior conditions set forth in Article 6 are all satisfied or that the parties concerned are exempted from such requirements.
Article 8.1 (1) The defendant's undertaking obligation is to lend the amount to the target company for short-term loans in accordance with the table of financial status as stated in Appendix 2 by the closing date, and the target company shall pay the amount with the money for short-term loans.
(2) The Defendant is limited to the bill of payment (in the case of a payment bill, it shall be limited to the bill issued by the date of the conclusion of this contract; hereinafter referred to as the “subject bill of payment”) on the basis of the standard statement No.