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(영문) 서울중앙지방법원 2019.09.20 2017가합573788
주식매매대금
Text

1. The Defendants each of the KRW 250,000,000 to the Plaintiff, as well as 15% per annum from January 1, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. (1) On August 31, 2016, the Plaintiff entered into a share sales contract (hereinafter “E”) and E (hereinafter “E”) operating the Internet shopping mall website with the Defendants and D”).

(3) As to 16,00 shares of registered ordinary shares (e.g., par value 5,000/ note) (hereinafter “instant shares”), all outstanding shares (hereinafter “instant shares”).

(2) Each of the 8,000 shares is to be sold to the Defendants in total for KRW 8 billion (hereinafter “instant share sales contract”).

AB concluded the agreement.

The main contents of the instant share sales contract are as follows.

A contract of stock sales;

1.Sale shares: 100 per cent of the shares of the Company (the shares of the Company B and C shall be transferred to each other, but the shares shall be transferred to each other in subsequent consultations) of Section 4 (Transfer of Rights) shall be transferred to the purchaser simultaneously with the conclusion of this Agreement.

Article 7 (Payment, etc. of Purchase Price) The buyer shall pay the seller the purchase price of the shares, on the condition that the seller performs all the obligations to be performed under this Agreement and does not violate any of the terms of the seller’s statement and guarantee under this Agreement and obligations.

1. The buyer shall pay the purchase-price of stocks to the seller within one month after the transfer of ownership under Article 8 is made;

Provided, That if the corporate value is less than eight billion won at the time of transfer on July 2017, the difference between eight billion won and the corporate value shall be paid by the purchaser until December 31, 2017.

Article 8 (title Trust and Transfer, etc.) (1) The buyer shall, at the same time as this contract is concluded, title trust to the seller of the shares, and the detailed matters shall be determined by a separate title trust agreement.

(2) On the day when the corporate value of the company becomes a sale price of KRW 00 million or July 31, 2017, the seller shall return without compensation the shares of this case to each purchaser, and shall implement the procedure for transferring the ownership of this case.

Article 12 (Cancellation of Contracts) (1)

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