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(영문) 제주지방법원 2014.07.17 2012가합1869 (1)

지분양도등

Text

1. The defendant transferred 937 shares among the defendant's shares in limited company B to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. A limited liability company B (hereinafter “B”) is a limited liability company for the purpose of selling alcoholic beverages and beverages, and the Plaintiff was appointed as a director on February 20, 2007 and resigned on January 15, 2009, and continues to be a director on January 17, 201.

B. On July 16, 2001, the Defendant was appointed as the representative director of B and was the representative director until July 16, 201, and E was appointed as the Defendant’s children from October 1, 2004 to January 17, 201, and D acquired B’s shares on August 13, 201, and was appointed as the representative director of B on January 17, 201.

C. On early 2007, the Plaintiff retired from the OB beer Co., Ltd. (hereinafter “OB beer”) and invested KRW 150 million in B through the honorary retirement program (a loan of KRW 150 million per month, and a repayment of KRW 1.5 million per month for 100 months).

Around September 2010, the Plaintiff drafted a share transaction contract (hereinafter “instant contract”) with E and D (hereinafter “instant contract”). The main contents are as follows.

The Agreement on the Purchase and Sale of Shares (Transfer and Acquisition) C, D (hereinafter referred to as "transferor") and A (hereinafter referred to as "transferee") shall enter into the Agreement on the Acquisition and Transfer of Shares B located in F at Jeju-do at Jeju-do (hereinafter referred to as "this Agreement") as follows:

Article 1 (Terms and Conditions of Trade)

1. On January 1, 190, the transferee shall make an investment of KRW 250,000,000,000 in A 12.5% A 150,000,000 A 150,000,000 A 150,000,000 in the amount of the transferee’s equity shares acquired by transfer in the content of the transferor’s equity shares to be sold, in investing in B (transferr) the transferee’s equity shares acquired by transfer, subject to the following conditions:

1.1.2.2. 2.2. 250,000,000 shall be paid monthly to A.

1.1.3.interest costs shall be paid with interest of KRW 1,500,000 as from September 2010 to June 2016, and shall be repaid with interest of KRW 250,000,000, including interest, in July 2016.

C: 150,000.