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(영문) 서울중앙지방법원 2020.07.09 2019가합519740

주식대금 등

Text

1. Defendant C: 40,935,483 won to the Plaintiff and its related amount from May 1, 2019 to 2020

7. 5% per annum until 9.

Reasons

1. Basic facts

A. On February 28, 2008, H and I concluded a contract with Defendant B to purchase shares of KRW 1,500,000 each share of KRW 75,00,000 per share and agreed that Defendant B will purchase the shares of KRW 20,50,000 each share of KRW 1,50,000 per share, and that Defendant B would purchase the shares of KRW 1,50,00 in future upon mutual agreement if Defendant B, H and I want.

(H 20,00 shares of E purchased by H are equal to those listed in the attached list, and hereinafter referred to as “instant shares”). (b)

On May 22, 2008, Defendant C, the representative director of E, prepared to H and I a letter of undertaking (Evidence A 4) with the following contents, and Defendant B affixed the letter of undertaking as an interested party.

On February 28, 2008, H and I accepted shares 40,000 shares of E from B from February 28, 2008, and until March 31, 2009, B decided to underwrite shares 40,000 shares of H and I in KRW 3 billion.

Until March 31, 2009, where B did not accept 40,000 shares of H and I by March 31, 2009, C will accept the total of KRW 40,000 of shares of H and I by June 30, 2009.

C. On July 12, 2011, Defendant C issued to I a letter of undertaking (Evidence A 5) with the following content, and the Plaintiff signed the said letter of undertaking as a observer.

From B’s undertaking on July 12, 201, February 28, 2008, I accepted KRW 1,500,000,000 of E’s shares as of February 28, 2008, and the terms and conditions of acceptance were to re-assign KRW 1,500,000 until March 31, 2009. If B fails to re-assign, C, the representative director at the time of the non-assign, was to accept the personal and company guarantee by June 30, 2009, and to treat the nonperformance as follows:

1. The acquisition shall be made to take over KRW 1,600,000,000 for shares 20,000 in shares of EI until August 31, 2012;

2. 1) The Dispute Settlement Council shall, under C’s responsibility, invest 700,000,000 won in K by July 31, 2011. 2) I shall acquire 1,350,000,000,000,000, which is held by the Dispute Settlement Council L.

3 C shall be 53.1% of the equity interest in the LAB and within six months from the date of purchase at the LABJ.