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1. Ulsan District Court 2017 tea1852 against the Defendant’s Plaintiff is an executory exemplification of the payment order.
Reasons
1. Basic facts
A. The relationship between the parties, etc. 1) C (hereinafter “C”)
A) A company is established for the purpose of the development of electric power system, energy technology development project, etc., and is D and actual representative and operator of E are D. Based on D, the Defendant is a partner of D. F is the Defendant’s legal spouse, and H is the spouse of G, and the Plaintiff and I is the seat of G. 23 March 2012. According to the list of shareholders of C on March 23, 2012, the total number of shares issued by each shareholder of 30,500 shares is F7,269 shares (23.83%), E 8,896 shares (29.17%), Defendant 5,95 shares (19.6%), D, 8,340 shares [25.70 shares (25.74%), 250 shares (25.74%).
B. On September 30, 2014, the Plaintiff prepared a share transfer contract between the Defendant and the Defendant with respect to the share transfer agreement between the Plaintiff and the Defendant, setting 3,500 shares (ordinary shares) in the Defendant’s name as KRW 35,00,000 for share transfer price (Evidence A; hereinafter “instant share transfer agreement”).
C. On June 14, 2017, the Defendant applied for a payment order against the Plaintiff and the final and conclusive Defendant filed with the Ulsan District Court for a payment order that became the cause of the claim that “the share transfer price of KRW 35 million based on the instant share transfer contract and its delay damages are paid” against the Plaintiff.
On June 15, 2017, the Ulsan District Court issued a payment order (Ulsan District Court 2017Guj1852, hereinafter "the instant payment order") to the effect that "the plaintiff shall pay to the defendant 35,000,000 won with 5% per annum from October 1, 2014 to the service date of the payment order, and 15% per annum from the next day to the day of full payment."
6. 15. The instant payment order became final and conclusive as it is.
[Grounds for recognition] Each entry of Gap evidence 1, 2 (including paper numbers; hereinafter the same shall apply), 4, and 5, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff 1's assertion by the parties C is the actual state of C.