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(영문) 서울중앙지방법원 2014.12.24 2014가합38925

주식대금반환등

Text

1. For the plaintiffs:

A. Defendant D’s KRW 22,500,000, respectively, and 5% per annum from April 18, 2014 to May 14, 2014.

Reasons

1. Basic facts

A. On September 5, 2013, the Plaintiffs entered into a contract between the Plaintiffs and the Defendants (i) the Plaintiffs are young children owned by Defendant D with Defendant D (hereinafter “child”).

(1) The following terms and conditions are the contract under which 4,000 shares issued are purchased at KRW 100,000,000 (hereinafter “instant 1 contract”).

following the conclusion of the contract, and then the above defendant

6. 10,00,000 won, and 18,000,000 won on October 25, 200 of the same year, and 20,000,000 won on May 20, 190 of the same year, and 22. 22,00,000,000 won on December 23, 198 of the same year, and 100,000 won on a total of 32,00,000,000 won.

Article 4 (Payment of Purchase and Sale Price of Stocks) The methods and timing for payment of purchase and sale price of stocks shall be as follows:

1. On the date of conclusion of this Agreement, the buyer (the “Plaintiffs,” hereinafter the same shall apply) shall pay to the seller (the “Defendant D”; hereinafter the same shall apply) KRW 10,000,000 out of the share purchase price (hereinafter referred to as “contract and intermediate payment”).

2. The seller shall deposit the balance of KRW 90,000 with the law firm designated by the buyer and the buyer one day prior to the temporary general meeting of shareholders, and the seller shall approve the proposal for the appointment of directors and auditors at the temporary general meeting of shareholders, and all documents necessary for the registration of change of officers (except the documents to be prepared by the buyer's directors and auditors) are delivered to the buyer, and at the same time the buyer shall pay Scro money after the receipt of the new registration.

Article 5 (Completion of Transactions)

1. Date of the closing of transactions: The closing of this case including transfer of stock and managerial rights and the payment of the purchase and sale price of stock shall be made on the date of a provisional meeting of shareholders.

Article 7 (Compensation for Damages Arising from Cancellation or Termination of Contract)

1. Where the principal contract is terminated or terminated due to a cause attributable to the buyer, the penalty for breach of contract already paid pursuant to Article 4 of this contract shall be reverted to the seller finally;

2. Where the principal contract is terminated or terminated due to a cause attributable to the seller, twice the down payment already paid in accordance with Article 4 of the present contract.