beta
Text
1. The Defendant’s KRW 90,000,000 and its amount shall be 6% per annum from September 19, 2019 to March 18, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. On July 19, 2018, the Defendant entered into a contract for acquisition by transfer with the representative director D of C Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) and with the content that the acquisition by transfer was determined as KRW 1,958,00,000 for all rights (hereinafter referred to as “instant business rights”) such as the passenger transport business license of the Nonindicted Co., Ltd., and the shares of the Nonindicted Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) and the shares of the Nonindicted Co., Ltd. (hereinafter referred to as “the instant
(B) In the process of calculating the acquisition price, the Defendant had been running a taxi transport business under the instant business license without changing the name of the instant business license from August 2, 2018 without any balance payment.
B. On November 27, 2018, the Plaintiff, who operates E Co., Ltd., entered into a contract with the Defendant to take over the status of transferee in the instant transfer agreement, and agreed to transfer KRW 100 million to the account of Nonparty Co., Ltd. to the account of Nonparty Co., Ltd., and use it as retirement pay to the Defendant, and pay the balance after the settlement
(B) On December 10, 2018, the Plaintiff, at the request of the Defendant and D, remitted KRW 100,000 to the account of the non-party company as the down payment (hereinafter “instant underwriting contract”). On December 10, 2018, the Plaintiff repaid loans (10,047,068 won, 21,114,812 won) to the non-party company’s Cheongwon branch of the F Bank under the pretext of part payments.
C. On December 14, 2018, the Plaintiff sent to the Defendant a content-certified mail to the effect that the Plaintiff transferred the right to operate a business including the procedure for changing the name of the passenger transport service license pursuant to the instant underwriting agreement, but the Defendant did not take any particular measure.
Of that, Defendant and D paid to the Plaintiff on January 2, 2019, the down payment, intermediate payment, etc. paid by the Plaintiff according to the instant underwriting agreement.