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(영문) 서울중앙지방법원 2015.01.08 2013가합61232

손해배상

Text

1. The Plaintiff:

A. Defendant B is KRW 1,00,000,000 and 5% per annum from July 26, 2013 to September 10, 2013;

Reasons

1. Basic facts

A. The Plaintiff is the representative director of a company whose main business is asset management and operation under the trade name of “F”.

Defendant C (hereinafter “Defendant C”) is a company engaged in multiple cargo transport and travel service business, and Defendant C was the largest shareholder, vice-chairperson, and registered director at the time of the instant case.

Defendant E (hereinafter “Defendant E”) is a company engaging in franchise business, etc., and Defendant D was the largest shareholder and in-house director of Defendant E.

B. On June 14, 2013, Defendant D and the Plaintiff entered into a contract for acquisition of shares and management rights to transfer KRW 1 million of common shares issued by Defendant E and management rights for KRW 6.5 billion of the purchase price (hereinafter “instant contract”). The main contents of the instant contract are as follows.

The “transferor” refers to Defendant D, the “Plaintiff,” and the “company” mean Defendant E, and detailed contents thereof are referred to as “A”. The purpose of this Agreement is to: (a) to conclude a contract for acquisition of shares and management rights of the transferor through lawful procedures; and (b) to determine all matters related to the transferor’s transfer of shares and management rights of the transferor to the transferee through lawful procedures; and (c) to acquire them by the transferee. Article 2 (Subject-matter of Sales Agreement)

1. All rights and obligations dependent on the management and right of management of the company;

2. Article 3 (Sales Price, Payment Schedule, and Performance Conditions) of the General Stocks (Amounting to 500 won) issued by a company which is the ownership of the transferor.

1. Sales amount: The sales amount of a company’s managerial right and shares (ordinary shares 1,00,000 shares) shall be KRW 6,500,000 ($ 6,500,000).

2. Contract deposit: A transferee shall conduct a daily inspection at the same time as this contract is concluded and shall pay the contract deposit to the transferor on June 17, 2013.

3. Part payments: on June 19, 2013, the transferee shall pay part payments in the amount of KRW 3,350,000,000, KRW 3,350.