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(영문) 서울중앙지방법원 2017.08.25 2017가합501530

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C owned the entire 180,000 shares issued by Company D (hereinafter “D”) with which it is responsible for the representative director in the name of himself/herself, his/her family, branch, etc.

D is a company established on January 21, 2013 for the purpose of the development of navigation equipment, oil and telecommunication equipment, etc., and stock certificates have not been issued.

B. On January 28, 2016, the Defendant entered into an agreement with C to purchase KRW 126,000 shares issued as D (as approximately KRW 23,809 per share), and agreed to pay KRW 250,000,000 per share by selling the shares and paying the remaining KRW 2,50,000 as soon as possible after selling the shares after making D M&A, company sale, and investment.

From January 28, 2016 to February 2, 2016, the Defendant completed the down payment of KRW 250 million on five occasions.

C. On March 2016, the Plaintiff entered into an agreement with the Defendant to purchase KRW 10,345 ( approximately KRW 28,99 per share) of KRW 300 million ( KRW 28,99 per share).

The Plaintiff paid a total of KRW 300 million to the Defendant on March 14, 2016, and KRW 200 million on March 21, 2016.

Around that time, the Defendant paid KRW 300 million received from the Plaintiff to C as part of the balance of stock sales.

E. On March 21, 2016, C, as the D representative director, prepared a written confirmation with the following content, and the Defendant also affixed his/her name and seal as the shareholder.

The total number of shares of your amounting to KRW 300 million for D Shares paid in your thickness is 10,345 shares.

(28,999 per week) we undertake to formally issue a certificate of non-issuance of stock certificates within a number of days, and to report the details of stock transfer transactions to the National Tax Service within two to three months.

In addition, it is possible to confirm the transferee of the tax payment certificate after filing the return.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, 7, Eul evidence 3, 4, and 6 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion.