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(영문) 서울동부지방법원 2014.10.16 2014가합1377

주식매매대금

Text

1. The Defendants each of the KRW 250,000,000 to the Plaintiff and 5% per annum from April 2, 2013 to April 28, 2014.

Reasons

Basic Facts

Article 3 The Defendants are obliged to pay the transferred amount to the Plaintiff by April 1, 2013.

Article 4 At the time of stock transfer, the Plaintiff shall immediately transfer 12,00 shares subject to transfer on April 1, 201, which entered into the instant stock transfer contract, and waive voting rights and management participation rights.

Provided, That where the Defendants failed to comply with the payment method under Article 3, the Plaintiff shall recover the ownership of shares equal to the remaining balance.

On April 1, 201, the Plaintiff transferred 12,00 shares (20% of total number of shares issued 60,000 shares, hereinafter “instant shares”) of Nonparty D Co., Ltd. (hereinafter “D”) owned by the Defendants to KRW 500,000 (hereinafter “instant shares”) (hereinafter “instant shares transfer contract”), and determined the method of payment thereof as follows.

around 2012, the shares of this case were transferred to each of 6,000 shares in the name of the Defendants.

On December 27, 2012, Defendant B drafted a letter of payment that “to pay KRW 250,000,000 to the Plaintiff by April 1, 2013” (hereinafter “instant letter of payment”).

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 3 (including a provisional number; hereinafter the same shall apply) and the underlying facts of the judgment as to the cause of claim as a whole of pleadings, the defendants are obligated to pay to the plaintiff 250,000,000 won with the transfer proceeds of the share transfer contract of this case as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 2, 2013, the following day after the due date for the payment of the transfer proceeds of this case to the plaintiff from April 2, 2013 to April 28, 2014.

The Plaintiff shall pay the price of the transfer.