beta
(영문) 서울중앙지방법원 2017.11.17 2015가합582733

지분양수도대금 등 청구의 소

Text

1. The Defendant’s KRW 293,409,293 out of KRW 295,660,335 and the said money to the Plaintiff, respectively, shall be from January 1, 2016 to January 11, 2016.

Reasons

1.The following facts of recognition do not conflict between the Parties:

C Limited Liability Company (hereinafter referred to as “C”) was established on April 2, 2010 for franchise business purposes.

Since the establishment of C, the plaintiff will take charge of the representative director.

From April 3, 2015, when a contract for the sale of shares in a port was entered into, the defendant and his/her sentence D co-representative is responsible for the co-representative.

The transferor: Plaintiff and transferee: Defendant 1 (Purpose of Contract) The purpose of this contract is to determine all the matters related to the sale and purchase of shares in accordance with the number of contribution units owned by the transferor.

Article 2 (Goods to be Traded) (1) The object to be traded by the transferor pursuant to this contract is all equity shares in accordance with the number of equity shares held by the transferor.

(2) Shares traded by a transferor to a transferee pursuant to this contract shall be as follows:

- Issuing Company - Total amount of capital - Amount of 62,500, total number of 12,500, total number of investment units - amount of 5,000 per investment unit - amount of 10,000 units of investment: 10,00 units of investment (total number of investment units 12,500 units of investment 】 80%, plaintiffs 9,500 units of investment, and 500 units of investment): 80% of shares subject to sale: 80% of shares subject to sale under this contract (sale proceeds, etc.) by the transferor to transferee pursuant to this contract, 80% of shares (10,00 units of investment, 9,500 units of investment, 500 units of investment, 70,000, total amount of 70,000,000 won per investment unit of Plaintiff 665,000,000 won, 305,000 won).

Article 4 (Timing and Methods of Payment of Purchase-Price) The purchase-price referred to in Article 3 shall be paid to the transferor according to the following schedule:

(1) Contract deposit: 350,000,000 won shall be paid in installments as follows:

- KRW 100,00,000 at the time of the conclusion of the contract ( KRW 95,000,000 for the plaintiff, KRW 5,000,00 for E), 100,000 for April 8, 2015 ( KRW 95,000 for the plaintiff, KRW 5,000 for E, and KRW 5,000 for the plaintiff), - 150,000 for April 30, 2015 ( KRW 142,50,000 for the plaintiff, KRW 7,50,000 for the plaintiff, KRW 7,50,000 for the plaintiff), ② The remainder 350,000 for each month from May 31, 2015 to April 30, 2016; and