주식매매대금반환 청구의 소
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 20 million and its amount from August 26, 201 to November 8, 2018.
1. Article 2 (Presumption Conditions for Stock Transfer and Acquisition) A (referring to the Defendant Company; hereinafter the same shall apply) of the facts of recognition is currently liable for the guaranteed debt of the “E Redevelopment Project” F, which is the principal agent of the “E Redevelopment Project” in Guro-gu Seoul Metropolitan Government, but it is a premise that B (referring to the Plaintiff; hereinafter the same shall apply) becomes a shareholder at the time when accounts of A and F are separated by January 31, 2012 by fully performing the guaranteed debt by January 31, 2012.
Article 3 (Obligation of B) (1) B shall deposit KRW 200 million into the account of A on August 24, 2011.
(2) The amount of KRW 200 million under paragraph (1) shall have the nature of an advance payment of the stock price to be paid (the amount of one share price shall be KRW 5,000,000, general shares) where a company becomes a shareholder of the company A.
(3) If a condition under Article 2 is met, B shall pay the remaining shares price of KRW 100 million (which shall be applicable to 20,000 shares of ordinary shares).
Article 4 (Obligations A) (1) up to January 31, 2012, A shall completely separate the accounts from the Fund for the settlement of disputes and the accounts from the accounts to the shareholders of A.
(2) Where Party A intends to acquire the stocks of Party B as the premise for a transfer of stocks is met, Party B shall designate the transferor or cooperate in all other procedures so that Party B and Party B, a joint and several surety of Party B, may maintain the shareholding ratio on the separate register of shareholders 50 to 50:
On August 24, 2011, the Plaintiff entered into an agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) under which the Plaintiff would take over KRW 60,000 (hereinafter “instant agreement”) total of KRW 300,000 (hereinafter “instant agreement”). At the time, Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the instant agreement.
B. At the time of the instant agreement, the total number of shares issued by the Defendant Company is KRW 120,00 (total of KRW 600,000). Defendant C on the register of shareholders owns KRW 60,000, which is 50% of the total number of outstanding shares.