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(영문) 서울중앙지방법원 2020.09.10 2019가합530396

주식매매대금 청구의 소

Text

The defendant's KRW 6,500,000,000 for the plaintiff and 5% per annum from May 7, 2020 to September 10, 2020 for the plaintiff.

Reasons

1. Basic facts

A. D Private Equity Investment Partnership Company (hereinafter “D”) changed its trade name into “F” on July 22, 2019; hereinafter “the subject company”) to “B”; A (a) was decided on July 15, 2020 as Suwon District Court Decision 2020 Ma146 on July 15, 2020, where the subject company had a voting right repayment priority (50% equity interest) of E Co., Ltd. (hereinafter “the subject company”), and A (a) was decided on July 26, 2020, where the instant lawsuit was pending, as Suwon District Court 2020 Ma146. On the same day, B was appointed as the custodian of A Co., Ltd.; and (b) filed an application to resume the instant lawsuit on August 26, 2020. hereinafter “Plaintiff” did not distinction before and after the commencement of rehabilitation procedures and the process transfer, and each shareholder owned shares of 62,500,000 shares of the subject company.

The defendant acquired the shares of the target company owned by D and the plaintiff, respectively, and tried to secure the management right of the target company.

B. 1) On January 16, 2019, the Defendant concluded a share purchase contract with D and D to purchase KRW 62,50,000 per share with voting rights of the subject company held by D and KRW 8,250,000 (hereinafter “Defendant-D share purchase contract”).

(2) Article 3(3)2-2(4) of the Act on the Contracts for the Sale of Stocks of the Defendant-D (hereinafter “Article 3(4) of the Act on the Contracts for the Sale of Stocks of the Company”) stipulates that “The resignation of officers of the Company subject to registration and the issuance of all data on the operation of the Company subject to registration,” as the performance of the seller(D) at the time of the termination of the transaction.”

3) At the time, there was a representative director and a director of the target company as well as H, in-house director I, and in-house director of the target company. Of them, H and I resigned on January 16, 2019. On the same day, at the temporary general meeting of shareholders of the target company, the resolution to appoint K and Defendant L as an in-house director (hereinafter “resolution of the general meeting of shareholders of the target company”).

A. The board of directors is above.