위약금 지급 청구 등의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on July 24, 2008 for the purpose of manufacturing and wholesale and retailing machinery tools.
B. The total number of shares issued by the Defendant Company is 10,000 shares, and 5,100 shares among them are owned in the name of the Defendant C himself (5,000 shares) and the employees of the Defendant Company (100 shares), who are the representative of the Defendant Company, and 4,900 shares each in the name of E (2,40 shares) and F (2,50 shares) who are their children.
C. On January 24, 2014, the Plaintiff and the Defendant Company concluded a share acquisition agreement with the Plaintiff to acquire KRW 4900,000 of the shares of the Defendant Company at KRW 1,050,000 (hereinafter “instant agreement”).
Of the instant contracts, the content pertaining to the instant case is as follows.
Article 3 (Method of Payment) (1) The Plaintiff shall pay to the Defendant Company the total acquisition amount of KRW 15 million, which is 10 million, as down payment at the time of the contract, and the Defendant Company shall transfer to the Plaintiff about 49% of the shares of the Defendant Company within 30 days from the date of this contract, and the Plaintiff shall pay to the Defendant Company KRW 495 million out of the acquisition amount at the transfer date.
(2) Any balance of 450 million won shall be settled within six months after the contract is concluded.
Deposit account of stock price: Corporate Bank G Article 4 (Non-performance of Contract) Paragraph (1) of the above Article 3 (Non-performance of Contract) shall revert to the defendant company when the plaintiff fails to fulfill, and the defendant company shall pay to the plaintiff 10% of the acquired amount as penalty when the defendant company fails to perform.
The Plaintiff paid the down payment of KRW 15 billion to Defendant C’s account on the day of the contract.
Defendant C paid KRW 60 million among the above KRW 15 million received from the Plaintiff on January 27, 2014 to D.
E. On May 9, 2014, upon the Defendant Company’s request, E and F affixed a seal on the seller’s column of the detailed contract for acquisition of shares with the purport of transferring KRW 4,900 shares in the name of E and F to the Plaintiff and his husband to H (her husband). However, the Plaintiff and F affixed a seal on May 9, 201.