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(영문) 서울서부지방법원 2016.09.29 2016가합30104

손해배상(기)

Text

1. The Defendant’s KRW 9,985,862 as well as the Plaintiff’s annual rate of KRW 5% from August 1, 2013 to September 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the wholesale business and retail business of automobile parts.

The defendant served as the representative director from December 11, 1996 to September 6, 2013.

B. On August 6, 2013, the Defendant and C (the spouse of the Defendant; hereinafter collectively referred to as the “Defendant”) entered into an agreement with D (hereinafter referred to as “D”) on the transfer or transfer of the Plaintiff’s shares 18,000 and the Plaintiff’s management rights to D in KRW 2,232,00,000 (hereinafter referred to as “instant agreement”) with the Defendant and agreed on the following terms:

Article 2 (Statement and Guarantee of Defendant)

1. The defendant's side confirms that it has legal capacity and authority to conclude this contract and to perform its obligations under this contract.

2. The defendant's side confirms that there is no additional obligation other than the obligations specified in Article 3 below, and if there is any additional obligation, all of its repayment liabilities shall be borne by the defendant.

Article 4 [stocks subject to Sale] Stocks subject to sale are registered common stocks issued by the Plaintiff and owned by the Defendant as of the date of the conclusion of this contract, and the specific details, such as the total purchase price of stocks subject to sale based on the date of completion of the actual inspection, are as follows.

Issuing Company: Plaintiff

(b) Class of stocks: Registered ordinary stocks; and

(c) Quantity: Daily arms (18,000 note); and

(d) Sales price: 124,000 won per share.

(e) Total purchase price: Article 5 (Payment of the purchase price and Transfer of Stocks subject to sale) of the KRW 30 million ( KRW 2,232,00,000).

1. D At the same time as this contract is entered into, and at the same time, shall pay to the defendant 1 the amount of KRW 500,000 ( e.g. 500,000) as the down payment, and at the same time the defendant will transfer to D.

The balance of 13 years shall be repaid in equal installments after 13 years thereafter.

2. The defendant's side shall 500,000,000 singular singular singular singot from D.