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(영문) 서울중앙지방법원 2020.07.23 2019가합579803

매매대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 249,405,491 to the Defendant (Counterclaim Plaintiff) and its related amount from December 31, 2018 to July 23, 2020.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff owned 4,500 shares (the share ratio of 45%; hereinafter “instant shares”) out of total 10,000 shares issued by C Co., Ltd. (hereinafter “subject company”), which is an entertainment planning company, and was an employee of the subject company, who held 4,50 shares (the share ratio of 45%; hereinafter “instant shares”), and the Defendant owned 5,500 shares (the share ratio of 55%), as the representative director of the subject company.

B. On September 2015, the entertainment planner E (hereinafter “E”) proposed a share transaction for the purpose of acquiring the management right of the subject company to the Defendant. The Plaintiff and the Defendant agreed to transfer 7,000 shares out of them to E, after acquiring the shares of this case from the Plaintiff and acquiring all 10,000 shares of the subject company.

Article III In accordance with the terms and conditions set forth in this Agreement, the buyer (the defendant; hereinafter the same shall apply) shall pay in cash to the seller (the plaintiff; hereinafter the same shall apply) the sum of KRW 6,253,614,00 per share of the subject shares on the date of concluding the contract (as defined in Section 4 below) as the down payment, balance and reserve payment as follows:

The buyer pays the remainder of the down payment of KRW 6,25,361,40 on November 20, 2015, the remainder of KRW 2,501,445,60 on November 25, 2015 and KRW 25,347,307,00 on December 30, 2015 and KRW 779,50,500 on December 30, 2015 under Article 3.5; and the buyer pays the remainder of KRW 6,253,614,00 on November 25, 2015 or on December 30, 2015 to the account designated by the seller, for an ordinary payment of the outstanding payment of KRW 37,500 on December 30, 2015 or on December 30, 2015, for an ordinary payment of the outstanding payment of KRW 1 and 2 to the account designated by the seller; and