beta
(영문) 서울고등법원 2016.08.19 2015나2069394

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. Defendant B was the representative director and shareholder of F Co., Ltd. F (F) for the purpose of wholesale and retail business of cosmetic materials, the NA cosmetic shop operation business, etc., and Defendant C and D were the shareholders of F.

F. As of the date of this Agreement, F issued 10,000 common shares per share, the par value of which is 5,000 per share.

(2) The Defendants intend to transfer 10,000 shares equivalent to 100% of the total number of shares issued by F owned by the transferor (hereinafter “share shares subject to transfer”).

(3) Defendant B and the first instance court co-defendant E (hereinafter “Defendant B and one other”) intend to transfer the NA-based and put to put in place place place orders, which are owned by individuals of the Defendant B and the first instance court.

(4) The Plaintiff seeks to purchase shares subject to transfer from the Defendants in accordance with the terms and conditions of this contract.

(5)transfer the name and take over the place of business from Defendant B and one other in accordance with the terms and conditions of this Agreement.

Article 2 (Payment) ① The Plaintiff shall pay to the Defendants the total amount of KRW 50,000,000 per share of the acquisition by transfer, which is calculated by adding the total amount of KRW 5,000 per share to the total amount of shares subject to transfer, as set forth in the following (3).

(2) The total amount of the transfer price of beautiful Kyna shall be KRW 130,000,000 shall be paid to Defendant B and one other in accordance with the methods prescribed in the following subparagraphs:

(3) The Plaintiff, scenic and dominational, shall pay the price by transfer, as stipulated in the following:

1. On December 22, 2010, payment of KRW 130,000,000 shall be made at the same time as this Agreement was concluded.

2. The Plaintiff shall transfer a balance of KRW 50,000,000 to a financial institution designated as a cash or a financial institution on December 31, 2010.

Article 3 Statement, Guarantee and Arrangements by the transferor, the Defendants and Defendant B, et al. stated and guaranteed that all of the following are true and correct as of the date of the conclusion of this Agreement, and are necessary to make such statements and guarantees.