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1. The Defendant’s KRW 1,270,00,000 for the Plaintiff and 5% per annum from January 1, 2013 to March 26, 2015.
Reasons
1. Basic facts
A. On May 11, 2007, the Plaintiff established the Plaintiff’s Internet service (hereinafter “D service”) company (hereinafter “C”) as a company engaged in a multi-median business, and established C on May 11, 2007, by separating the Plaintiff’s Internet service (hereinafter “C”), and thereafter, the Plaintiff entered into a contract with C, such as consulting service, technology transfer, fashion development service, equipment lease, etc., and owned the Plaintiff’s claim against C.
B. On July 13, 2009, the Defendant’s acquisition of C/C by July 13, 2009 (name “stock company E” at the time) entered into a contract for the acquisition of business with C on July 13, 2009 (hereinafter “instant acquisition of business”).
B. B signed the “D” service part, and the said service part is determined as follows:
Article 1 Subject-matter of Transfer shall be as follows, and rights and obligations incidental thereto, based on the list presented by C as of December 31, 2008 by C to the defendant as of December 31, 2008:
4. Amount and method of payment for taking over the obligation specified in Appendix 3:
1.The proceeds of the business takeover shall be eight billion won, and the terms of payment shall be as follows:
2) However, at the time of the conclusion of the above contract, the transfer of this case also did not prepare a list of the liabilities subject to acquisition under Article 1 subparag. 4 of the contract, i.e., “Attachment 3”. 3) On August 28, 2009, the Defendant agreed with C on the modification of the contents as follows with respect to “the acquisition price and the method of payment for the acquisition” under Article 3 of the contract.
Article 2 (Contents of Change)
1.The proceeds of the business takeover shall be eight billion won, and the terms of payment shall be as follows:
2. The defendant shall pay C the down payment of KRW 950 million in cash, etc. by September 30, 2009.
3. The defendant shall pay C in cash 2 billion won to C within three days after the issuance of bonds with warrants, convertible bonds, or capital increase.
4. The defendant shall issue and pay convertible bonds or new shares to C within seven days after the payment of the intermediate payment to C.