(영문) 의정부지방법원고양지원 2020.04.24 2018가합76630

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(영문) 의정부지방법원고양지원 2020.04.24 2018가합76630

약정금

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1. As to the Plaintiff KRW 5,500,000,000 and its KRW 5,000,000 among them, the Defendant shall start January 29, 2013, and KRW 500,000.

Reasons

1. Basic facts

A. On September 30, 201, the Plaintiff and C concluded a share purchase agreement with the Defendant to purchase registered ordinary shares issued by each affiliated company (referring to Co., Ltd. E, F, G, H, I, I, and J; hereinafter collectively referred to as “subject company”) of the D Group’s affiliates (referring to Co., Ltd. E, F, H, H, I, and J; hereinafter referred to as “the subject company”).

B. However, there was a dispute over the implementation of the instant share sales contract with the Defendant on January 28, 2013 due to the seizure of the shares issued by the subject company, the valuation of the subject company, etc., and the Plaintiff, C, and K (hereinafter “Plaintiff, etc.”) made an agreement with the Defendant on the following (hereinafter “instant agreement”) in order to adjust the rights and obligations of the parties in accordance with the instant share sales contract and its accompanying agreement, 5% transfer agreement, etc. (hereinafter collectively referred to as “instant acquisition of management rights”) and K’s performance certificate as of September 30, 2011.

Article 2 (Contents of Agreement)

1. The Defendant, the Plaintiff, and C shall also cancel the agreement on the acquisition of management rights of the instant company that entered into on September 30, 201 and around that time, and K shall also withdraw the intent to guarantee the performance of all the obligations related to the contract, and the Defendant, the Plaintiff, and C shall consent thereto.

3. The defendant confirms that the amount received from the plaintiff, etc., regardless of its name or method, reaches KRW 5,936,200,000,000, and pays KRW 5,000,000 as the amount agreed to be restored to its original state. The time and method of payment are set forth in Article 3 below.

Article 3 (Timing, Methods, etc. for Refund of Deposits)

1. As to the plaintiff and C or K, the defendant shall have a relation to KRW 5,00,000,000 after the date of conclusion of the instant agreement.

유사 판례

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-춘천지방법원 2016.06.22 2015구합5250

-대전지방법원 2018.05.02 2017가합107975

-서울남부지방법원 2018.07.05 2017가합108760

-서울고등법원 2018.11.22 2017나2007598