주식매매대금
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
Defendant.
1. The reasoning of the court's explanation concerning this case is as follows, except for the deletion of the last 9 pages 7, 13, and 8 of the judgment of the court of first instance as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts in height:
A. The Plaintiff’s claim for the payment of KRW 1 billion for the purchase price of shares against the Defendants was not concluded until November 20, 2009 by the date six months elapsed since the date of the conclusion of the new shares acquisition contract of this case. Thus, Article 6(1)b of the new shares acquisition contract of this case since the Plaintiff did not enter into a capital increase participation contract or the old subscription sales contract for the acquisition of shares of the German company of this case.
Pursuant to the above, the Plaintiff and the Defendants are deemed to have concluded a share purchase agreement between the Plaintiff and the Defendants to purchase KRW 5,000 per share of KRW 1,00,000, or the Plaintiff can seek purchase of shares against the Defendants. The Defendants asserted that they are obligated to pay KRW 1,00,000 to the Plaintiff.
(2) (A) In the event that a capital increase contract or the old subscription contract between the Plaintiff and the Plaintiff on the claim against Defendant B is not terminated within 6 months from the date of conclusion of this contract, Article 6 of the new shares acquisition contract of this case, the Plaintiff may demand that the Plaintiff purchase all of the shares he acquired by the Plaintiff against the Defendant B in the amount of KRW 5,000 per share. In such a case, the claim is deemed to have been concluded between the Plaintiff and the Defendant at the time of receipt of the claim against the Defendant B, and the Defendant B agreed to pay the purchase price of shares to the Plaintiff within 30 days from that day, and the Plaintiff failed to conclude the capital increase participation contract or the old subscription contract with the German company of this case, and six months from the date of conclusion of the new shares acquisition contract of this case.