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(영문) 서울중앙지방법원 2019.10.31 2019가합523640

매매대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a juristic person whose purpose is to manufacture and sell medicines, and the Plaintiff owned 100 shares (10,000,000 won per share; hereinafter “instant shares”) of the “D Association” (hereinafter “D Association”).

B. On October 21, 2016, the original Defendant drafted a trade reservation agreement (Evidence A; hereinafter “instant contract”) containing the content that “the Defendant would purchase the instant equity shares from the Plaintiff at KRW 1,400,000,000,000,” and drafted a written promise (Evidence A; hereinafter “instant promise”) on the same day.

The main contents of the instant contract and the instant promise were as follows.

The Defendant shall provide the Plaintiff with 300,000 common shares of E Co., Ltd. as security in order to secure the acquisition of the instant equity shares.

- As of April 21, 2017, the Defendant must comply with this reservation irrespective of the appraised amount of the instant equity shares.

- If the Defendant did not perform the contract, the Plaintiff forfeits 300,000 shares as penalty for breach of contract.

- If the Plaintiff fails to perform the contract, the Plaintiff shall pay the Defendant KRW 1,000,000,000 as penalty for penalty.

In the event that the Defendant did not purchase the instant equity shares in KRW 1,400,000 on April 21, 2017, the Plaintiff sold at will the said shares of KRW 300,000,000, and appropriated for KRW 1,400,000,000, and then transferred the instant equity shares to the Defendant.

If 300,000 shares are sold at a price below 1,400,000,000 won, the defendant and the joint guarantor (F) shall be paid the shortage.

C. On October 21, 2016, the Defendant offered 300,000 shares as collateral to the Plaintiff, but did not purchase the instant shares from April 21, 2017 to the date of closing argument of the instant case.

The defendant on October 23, 2017 paid 300,000 shares of the above shares to G on October 23, 2017.