위약금 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
On March 15, 2016, the Plaintiffs and the Defendant concluded a share purchase and sale contract (hereinafter “instant contract”) including the following terms and conditions.
Specialized
A. As of the date of the conclusion of this contract, Plaintiff B owns 41,00 common shares corresponding to the whole issued shares of Plaintiff D Co., Ltd. (hereinafter “D”). Plaintiff B sells 16,400 shares owned by Plaintiff B to the Defendant and sells 8,200 shares owned by 40% to Plaintiff A.
(B)
B. In addition, the Defendant and the Plaintiff A intend to operate the E Reclamation Project (hereinafter “instant landfill project”) with shares of 4:4:2 (Plaintiff B: Defendant A) by lending the same amount as KRW 2.5 billion loaned by Plaintiff B as Plaintiff B as Plaintiff B, as Plaintiff B, to the same way as Plaintiff B.
Unless otherwise defined in Article 1 (Definitions), the definitions of terms used in this Agreement shall be as follows:
(2) The term "security interest, etc." means the seizure, provisional seizure, provisional disposition, order for collection assignment, disposition on default under the National Tax Collection Act, and other execution preservation disposition, (a) other Acts and subordinate statutes, administrative disposition, contract, etc., regardless of the cause thereof, bearing, limitation, limitation, or reservation on the right to use and benefit from the relevant goods or rights.
(7) “Acts and subordinate statutes” shall include (a) judgments, decisions, orders, dispositions, and arbitral awards rendered by a court or an arbitral institution.
(8) The term "litigations, etc." means civil, criminal and administrative litigations, claims, preservation procedures, arbitration, mediation, investigations by governmental agencies, public prosecutors and other similar legal procedures.
Article 3 (Payment of Sale Price and Loan) ① The purchase price of shares the Defendant purchases shall be KRW 164,00,000; the amount the Defendant is required to lend to D is KRW 1,836,00,000; and the full payment date of each of the above amounts shall be until March 31, 2016.
② The purchase price of shares to be purchased by the Plaintiff A shall be KRW 82,00,000, and the amount to be lent by the Plaintiff A to D.