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(영문) 서울중앙지방법원 2018.04.26 2017가합558413

매매대금

Text

1. The defendant shall pay 1,250,000,000 won to the plaintiff and 15% per annum from March 29, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On October 21, 2016, the Plaintiff invested KRW 1 billion in the “C Union” (hereinafter “instant Union”) aimed at investing in companies, such as biotechnology development, and distributing profits to its members.

B. On October 21, 2016, the said date of investment, between the Defendant and the Defendant, whose main business is back-to-date development, etc., on April 21, 2017, the Plaintiff sold the equity shares in the instant association (hereinafter “instant equity shares”) to the Defendant, and the Defendant entered into a contract for purchase and sale of the shares in the association (hereinafter “instant contract”). At this time, D, an executive member of the instant association, affixed a seal on the contract as a joint and several surety, with the content that the Plaintiff sells the equity shares in the instant association (hereinafter “instant equity shares”).

The main contents of the instant contract are as follows.

Article 1 (Shares and Conditions of Purchase and Purchase Reservation) For shares subject to the indication below the plaintiff's ownership, the defendant shall make a promise to purchase under the following conditions:

1) Name of the Investment Association: 100 shares of investment: 10 shares of investment (10 million won per unit), 100 shares of investment per unit (10 billion won per unit) and 4 billion won: The total purchase price per unit (14 million won per unit): the date of conclusion of a sales contract (1,400,000,000): the day of KRW 5,000 per day (Won 1,400,000): April 21, 2017: The Plaintiff shall receive the total purchase price on the date of conclusion of the sales contract and at the same time obtain the status of a member of the C Association upon notification and approval of the C Association.

Article 3 (Matters to be Agreed upon under this Agreement) (1) In order to secure that the Defendant acquires shares in accordance with this Agreement, the Defendant shall provide the Plaintiff with 300,000 common shares issued by E to the Plaintiff as security. (2) The Defendant shall present this Agreement to the Plaintiff.