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(영문) 창원지방법원 2014.08.21 2013가합4333
주식양도 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

(b)(b)bet;

3.The amounts to be transferred or taken over in accordance with the above 1 and 2 shall be the sum payable in full.

4. If the obligations of Party A under paragraph 5 are not fulfilled, the shares of the shares (which shall be the shares of the Defendant’s river) to be transferred are as follows:

4.1 Class of shares: the number of transferred shares of surplus and aggregate common shares of a stock company: the transfer value per share of April 31, 2000: daily 0,000 won.

5. When Gap redeems part of the amount before August 24 (hereinafter “the due date”) in order to fulfill the obligation under paragraph 7, Eul terminates the amount repaid by Eul out of the shares transferred or acquired by transfer and acquisition contract, and return the shares to Gap.

(b)

7. A’s obligations are:

7.1A shall be payable to B not later than August 24, 2012, in fact that this payment is made to B.

7.2No Party A may increase its capital until August 24, 2012.

7.3 If the amount under Section 7.1 cannot be paid by August 24, 2012, A may be transferred to B without any condition.

(m) * The same amount as the Promissory Notes No. 335, 2012 (the Promissory Notes in this case). 10 July 2012 (hereinafter omitted)

E. Defendant B failed to pay KRW 200 million to the Plaintiff by August 24, 2012, which was due date of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5-1, 2-2, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of determination as to the cause of the claim, Defendant B is obligated to transfer the instant shares to the Plaintiff pursuant to the instant agreement and notify Defendant C of the fact that he/she transferred the said shares to the Plaintiff, except in extenuating circumstances.

B. Defendant B, a summary of Defendant B’s defense, borrowed KRW 150 million from the Plaintiff, and repaid KRW 50 million to the Plaintiff, which led to the remainder of KRW 100 million. However, the Plaintiff’s accusation against the Plaintiff, such as intimidation.

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