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1. As to KRW 279,00,000 among the Plaintiff and its KRW 99,00,000 among them, the Defendant shall pay to the Plaintiff KRW 180,000,00 from December 1, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a company whose purpose is wholesale and retail business, goods supply business, and cosmetics sale business, and whose total number of issued stocks is 10,000 shares (10,000 won per share) and C and the Defendant is the joint representative director of the Plaintiff.
B. On December 31, 2012, C held 2,500 shares issued by the Plaintiff among the total 10,000 shares issued by the Plaintiff, the Defendant held 2,500 shares, D held 1,50 shares, E, F, G, and H respectively.
However, the total amount of 3,500 shares of D, E, and F was acquired by C in each name of D, E, and F, and the total amount of 2,00 shares of G and H was acquired by the Defendant in each name of G and H, and thus, C and the Defendant’s actual share ratio was 6:4 (C 6,000 shares: Defendant 4,00 shares).
C. On August 22, 2013, the Defendant decided to accept the Plaintiff’s total 1,00 shares in the F’s name (this constitutes 10% of the Plaintiff’s shares) held by C, and entered into a share sales contract with C (hereinafter “instant share sales contract”).
As the Plaintiff’s 1,00 shares owned by C were transferred to the Defendant according to the instant share sales contract, C and the Defendant owned the Plaintiff’s shares at the ratio of 5:5 per annum, respectively, from September 1, 2013 to September 1, 2013.
E. C and the Defendant have operated the Plaintiff under an internal agreement by way of mutual settlement, instead of withdrawing expenses incurred by each party for the operation of the Plaintiff from the funds of the Plaintiff, and deducting from the funds deposited by each party.
As of April 30, 2014, C’s balance of the provisional deposit is KRW 22,149,800, and the Defendant’s balance of the provisional deposit is KRW 250,000,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, and 7 (including a serial number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff entered into the instant share sales contract with C, and decided to substitute the Defendant’s provisional receipts corresponding to the share sales price with C as a means of paying the share sales price, and as a result, based on May 1, 2014.