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1. The Defendants jointly share KRW 2,500,000,000 with respect to the Plaintiffs and those related thereto from May 2, 2018 to April 18, 2019.
Reasons
1. Basic facts
A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is the largest shareholder of Nonparty E (hereinafter “E”) who sells steel products, etc., and Plaintiff B is the shareholder and representative director of Plaintiff A and E.
Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company engaging in the distribution business, and Defendant C is the representative director of Defendant D.
B. On January 27, 2015, the Plaintiffs entered into a contract with the Defendants for acquisition of management rights with the content of acquiring the shares of E owned by the Plaintiffs in 12 billion won (hereinafter “instant contract”).
The main contents are as follows:
A: Plaintiff A (A-1) and Plaintiff B (A-2): Defendant C (B-1) and Defendants D (B-2) and D (E) will acquire 4,287,373 shares (subject shares) issued by the subject company (E) and become the largest shareholder of E by acquiring 4,287,373 shares (subject shares).
Article 1 (Purpose) (Purpose) of this Agreement is to acquire the shares of this case in order to create business profits of the subject company by carrying out new projects under the direction of the Defendants, and to enhance the business value (hereinafter omitted) ① to acquire the shares of this case with the face value of 500 won registered common shares issued by the subject company, and to pay KRW 12 billion with the acquisition price of the subject shares.
② The Defendants shall pay KRW 500 million to the Plaintiffs on February 5, 2015, out of the subscription price of the relevant stocks.
③ The Defendants shall pay 5.5 billion won as part payments to the Plaintiffs by December 31, 2015, out of the subscription price of the relevant shares.
Provided, That the amount and time may be adjusted through consultation.
④ The Defendants shall pay 6 billion won to the Plaintiffs from the remainder of the acquisition price of the subject stocks until June 30, 2016.
Provided, That the amount and time shall be adjusted by mutual consent.
Article 3 (General Meeting of Shareholders) (1) The Plaintiffs are subject to companies in 2015.