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(영문) 서울중앙지방법원 2016.08.26 2016가합1057

매매대금

Text

1. The Defendants shall deliver 358,237 shares of C from the Plaintiff to the Plaintiff simultaneously with the delivery of 1,700 shares to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of investing in business starters and registered as an investment company for the establishment of small and medium enterprises in accordance with Article 10 of the Support for Small and Medium Enterprise Establishment Act. The Plaintiff is an executive member registered and operated by organizing AGI Collaborative Economic Investment Association 1 (hereinafter “instant association”).

B. Around March 6, 2012, the instant association entered into a contract with C (hereinafter “C”) to acquire C’s shares of KRW 1,111,11 (2,250 per share) by investing KRW 2,49,99,750 in C and acquiring C’s shares, and paid KRW 2,49,99,99,750 on March 8, 2012.

C. On April 13, 2015, the instant association, an investor, entered into a contract to amend the terms of the initial investment agreement with C, an invested company, and the Defendants agreed to assume the obligations under the modified agreement as interested parties.

(hereinafter “instant investment contract”). The relevant terms and conditions of the instant investment contract are as follows.

Matters of special agreement

Ⅱ Details of the special agreement; and

1. Interested parties understand and agree that, by March 6, 2016, an investor has the right to claim the redemption of 8% per annum to interested parties or to a third party designated by interested parties, if the invested company is not listed on the securities KOSPI in the meaning of KOSPI or on the KOSDAQ market until March 6, 2016, taking into account the maturity of the investor’s partnership (AKGI Commercial Economic Investment Association 1), the investor has the right to claim the redemption of 8% per annum to the interested parties or the third party designated by interested parties.

Provided, That as long as it is possible to list by the end of March 6, 2016, the deadline for claiming redemption under the listing may be postponed as of the end of 2016, by submitting a detailed plan for the listing of the invested company before March 6, 2016.

2. Of interested persons, B shall either dispose of not less than 3% of the shares of the parent company D or dispose of not less than 5% cumulatively, or manage rights.