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(영문) 수원지방법원 2020.02.07 2019나66637

매매대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Article 1 (Special Cases) of the Agreement provides that the non-party company and Eul (the defendant) agreed to provide capital increase with the non-party company, and the non-party company and Eul (the defendant) will participate in the capital increase with capital increase and acquire management rights.

Article 2 (Shares, etc. to be Tradeed) (1) as of the date this Agreement is concluded, it is confirmed that as of the date of the conclusion of this Agreement, Party A holds 5,00 shares of Nonparty Company (hereinafter “instant shares”).

(2) A person designated by B or B shall purchase the shares of this case from the Plaintiff in accordance with Article 3.

Article 3 (Procedures for Trade, etc.) (1) A or B shall purchase the shares of this case held by A (Plaintiff) not later than the end of December 2018 as KRW 13,000 per share with a face value of 130%, and A (Plaintiff) shall consent thereto.

(2) Taxes and public charges imposed on A in connection with the sale and purchase of the shares of this case shall be borne by A.

Article 4 (Delegation of Voting Rights) A (Plaintiff) delegates each of the voting rights of the shares of this case to B (Defendant) and B (Defendant) does not raise any objection or claim in exercising the voting rights.

Article 7 (Cancellation, etc. of Contracts) (1) This Agreement shall take effect when the prerequisite of Article 1 is met.

In this regard, A(Plaintiff) does not raise any objection or claim.

2. In any case, the Plaintiff may not claim the termination or cancellation of this Agreement, in any case, where the Plaintiff (Defendant) participates in the capital increase with capital increase of the Nonparty Company, as shown in the premise mentioned in Article 1.

On October 11, 2017, the Plaintiff made an agreement with the Defendant on the following (hereinafter “instant agreement”) with regard to the sale of shares of C Co., Ltd. (former Co., Ltd. D; hereinafter “Nonindicted Co., Ltd.”) owned by the Plaintiff to the Defendant:

B. The non-party company offered capital increase. The defendant has the plaintiff.