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Reasons
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(영문) 서울고등법원 2018.07.06 2017나2064232
부당이득금
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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a company whose main business purpose is the manufacturing and wholesale business of electronic parts. 2) On March 28, 2011, E, which was the Defendant’s representative director, entered into a contract with F, G, H (hereinafter “F, etc.”) to transfer the preemptive right of KRW 2,151,191 (EE 1,945,181, Plaintiff A206,010, and the face value of which are KRW 3.9.5 billion (hereinafter “this case’s stock and management right contract”). The main contents, such as the payment of the purchase price, are as follows.

Article 5 (Payment of Stock Sale Price) The price and time of payment for stock sale shall be as follows:

1.The down payment of KRW 3,200,000 (3,200,000) shall be paid at the time of the second intermediate payment, in accordance with the agreement between the related parties other than E (hereinafter referred to as “E, etc.”) and F, other than E (hereinafter referred to as “E, etc.”) at the date of the conclusion of this contract.

Provided, That where there is an agreed amount paid before the conclusion of this contract, the relevant amount shall be replaced by the down payment.

2. The first intermediate payment of KRW 1,800,000 ( KRW 1,800,000) shall be paid in cash or in cash or in a bank account in the name of E, etc. designated by E, etc. after the execution of this Agreement.

3. The second intermediate payment of KRW 8,200,000 (8,200,000) shall be paid in cash or paid to a bank account in the name of E, etc., designated by E, etc. after the conclusion of this contract, on the day preceding the temporary shareholders meeting (or a regular shareholders meeting) for the appointment of directors and auditors.

4. The balance of 1,300,000,000 won (1,30,000 won) shall be paid in cash or in bank accounts in the name of E, etc. designated by E, etc. within 30 days after the holding of the temporary general meeting of shareholders (or the regular general meeting of shareholders).

Article 17 (Matters of Special Agreement) The Parties shall require.

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