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(영문) 서울중앙지방법원 2011.12.15 2011가합33776

위약벌 청구

Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 14,600,000 and Defendant D from January 20, 2007 to July 4, 201.

Reasons

Basic Facts

The Plaintiffs and the Defendants, as shareholders of F Co., Ltd. (hereinafter “F”), held 60,000 shares, each of which was 30,000 shares, at the time of December 13, 2006.

However, as conflict of opinion due to joint management has repeatedly occurred, the plaintiffs and the defendants transferred F's claim of KRW 5,345,640,000 to the other side of F's 30,000 shares and F's claim of KRW 5,345,640,00 on December 13, 2006, to the other side, and one party's management right is transferred to the other side, but the transferee of the shares and the bond shall be determined by the bidding method (hereinafter "the agreement in this case").

According to the agreement of this case, the plaintiffs and the defendants signed and sealed the acquisition price (tender price) in the bidding slip on the date agreed upon, and submitted them to legal advisers, and legal advisers decided to select as successful bidders a side on which the plaintiffs and the defendants opened sealed bidding documents at the presence of the plaintiffs and the defendants and set a high price.

In addition, on December 13, 2006, when the transferor and transferee are determined as a result of the bidding, the Plaintiffs and the Defendants concluded a share purchase contract between the transferor and transferee on the claim of KRW 5,345,640,000 of F shares and KRW 5,345,640,000 on the claim of KRW 30,000 as of the date of the bidding (hereinafter “instant share purchase contract”).

According to the share purchase contract of this case, the transferee paid to the transferor an amount equivalent to 30% of the purchase price as the down payment on December 14, 2006, which is the day following the conclusion date of the contract. The transferee decided to deliver to the transferor the certificate of promissory notes with H in the case where the plaintiffs are the assignee, G Co., Ltd., and in the case where the defendants are the assignee, the issuer decided to deliver to the transferor the certificate of promissory notes with H in the case where the plaintiffs are the assignee.

In addition, the transferee is the shares and bonds held by the transferor on January 13, 2007.