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(영문) 광주지방법원 2015.09.25 2014나14050

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. C Co., Ltd (hereinafter “C”) is a company aimed at the manufacturing business of automobile parts, etc., and the Plaintiff was holding 7,000 shares out of 20,000 shares issued by C, and the Defendant is a company engaged in the manufacturing business, etc. of automobile parts.

B. On December 19, 201, E and the Plaintiff made an agreement with the following terms and conditions (hereinafter “instant agreement”), and drafted an agreement.

E and A (the plaintiff, hereinafter the same shall apply) shall enter into an agreement with respect to the acquisition of shares of C as follows:

:

1. E shall foster and develop C through the acceptance of shares A;

2.E shall accept A’s 21 per cent of the shares at KRW 100,00,000, and A shall present to E a document of stock transfer for 21 per cent of the shares, and E shall transfer to A 50,000,000,000 won

3. 50 million won in the balance of stock transfer shall be paid in installments in one year, and E shall be paid in 210,000 won/monthly, currently receiving A for two years, separately on the 25th day of each month.

4.E shall guarantee the additional value of 14 per cent of the remaining shares of Category C (State) in addition to KRW 100,000,000, and shall exercise property rights after a five-year grace period.

5. This contract shall take effect simultaneously with the deposit of the down payment, and shall bear civil and criminal disadvantage at the time of breach of the contract.

C. On December 20, 201, E and the Defendant entered into an agreement with respect to the acquisition of C’s shares (hereinafter “instant agreement”), and the main contents thereof are as follows.

Objectives: The purpose is to develop the manufacturing business of motor vehicle parts by securing C's shares as a cooperative development plan with E. B (the defendant; hereinafter the same shall apply).

The "B" shall be 70% of the shares, and E shall be 30% of the shares, and shall be implemented as follows:

:

1.E shall transfer to F the shareholder voting rights of at least 51 per cent of the shares held by it until the management rights are secured following the acquisition of shares, which are necessary by the Bank of Bankruptcy for the operation of the business.

2.In this regard, B shall pay 30% of the equity interest to E by the time of its capital increase.