위약벌 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 975,00,000 and the interest rate of KRW 15% per annum from August 29, 2018 to the day of full payment.
1. Facts of recognition;
A. The Plaintiff is a company that operates a VN business that provides credit card payment-related services, such as the installation and management of credit card terminals.
The defendant is a shareholder and representative director of C Co., Ltd. (hereinafter referred to as "C") who is a "total board" company that installs a terminal directly to a credit card merchant and receives fees from a VN business entity.
B. On December 30, 2015, the Plaintiff concluded a share sales contract with the Defendant to acquire 51% of the shares issued C issued by the Defendant (hereinafter “instant contract”).
The main contents thereof are as follows:
Article 2 [Limit of Acquisition of Stocks in question] The transferee and the transferor shall acquire and transfer the stocks in question of the target company (C) under the following conditions:
1. The transferee shall take over 5,100 shares of the subject company held by the transferor on December 29, 2015 (hereinafter “the date of the completion of purchase”) and shall pay the purchase price of 1,950,000 won.
Article 7 (Management of Subject Company) (1) The transferee shall guarantee the management right of the subject company to the transferor, who is the present representative director, for five years after the date of termination of purchase.
3. After the conclusion of this contract, the subject company shall transfer and maintain at least 80 percent of the total number of transactions (1.7 million cases as of the end of October 2015) to the company designated by the transferee within three years.
④ After the conclusion of this contract, the subject company shall preferentially engage in transactions with the Plaintiff, and the contract shall be transferred to the Plaintiff, except in extenuating circumstances, after the termination of the contract.
(5) For five years after the conclusion of a contract, the transferor shall acquire the shares of another company related to the whole or part of the VN business that the company is engaged in without the prior written consent of the transferee, or shall directly or indirectly establish, operate or control, or work for such company, or shall not have the specially related person do so.