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(영문) 서울고등법원 2017.12.08 2017나2041734

주식명의개서 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. Application for participation by the plaintiff assistant participant.

Reasons

1. Facts of recognition;

A. (1) On May 3, 2013, the Plaintiff entered into a share purchase contract (hereinafter “Defendant B”)

(C), C, D, E, and F (hereinafter referred to as the above Defendants as “sellers”.

Defendant G Co., Ltd. (former H Co., Ltd.; hereinafter referred to as “Defendant G”), the seller of which holds as shown in the separate sheet, regardless of whether it was before or after the change.

(2) 540,00 shares of 540,00 shares (hereinafter “instant shares”)

3) As to the sales contract of this case (hereinafter “instant sales contract”)

(2) The sales contract of the instant case is based on the following: (a) the sales contract of the instant shares was concluded by Defendant B (hereinafter “seller”).

2) The purchaser and the Plaintiff (hereinafter referred to as “Buyer”)

On May 3, 2013, it was concluded on May 3, 2013.

The preceding sentence

A. The seller holds 459,432 shares (85.08%) issued by Defendant G (hereinafter “subject company”) and was delegated by the rest of the seller (hereinafter “other shareholders”) with all the powers to conclude this Agreement in relation to the transfer of shares.

B. The seller transfers 100% of the shares issued by the company in question to the buyer, and the buyer acquires the shares of the company in question in accordance with this Agreement.

Accordingly, the seller and the buyer agree as follows:

C. The term "contract deposit" in Article 1(Definitions) means 1,220,000,000 won which is paid by the buyer to the seller in accordance with Paragraph 2 of Article 3.

The term "amount remaining" means 1,480,000,000 won, which is the amount paid by the buyer to the seller pursuant to Article 4 (2) 1, which corresponds to the remaining balance other than the down payment, out of the total amount of the purchase price of KRW 2,70,00,000,000.

The term "closed date" or "closed date" means the date on which the transaction related to the sale and purchase of subject stocks is completed and the completion thereof is completed.

Article 3 (Sale Price and Contract Deposit) (1)