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(영문) 대전지방법원 천안지원 2018.08.17 2017가합100294
손해배상(기)
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 founder of C (hereinafter “C”) and a person who actually owns C’s entire shares.

The Parties listed below the date of the contract shall enter into a contract (hereinafter referred to as "this contract") for the sale and purchase of all shares of 818,750 shares (hereinafter referred to as "subject shares") issued by C (hereinafter referred to as "subject company") and for the transfer of management rights of "subject company" through such sale and purchase.

A1, Defendant 319,343 39.00% A2 E 263,668 32.20% A3 F 109,390 12.63% G 4 G 5,680 6.80 6.80% A 5,680 H 53,05 6.47% A6 I 11,832 11,832 11,832 1.45% J. 7 J. 11,832 11,832 1.45%, and 18,750.00% “A” was established in November 197, and had its head office and factory in Yongcheon-si as of then.

The term "A1" has legally owned the shares of the common shares (the face value shall be 818,750), which are issued by the "subject company", in the form of a major shareholder and the representative director of the "subject company", which shall exercise the right of management as the major shareholder and the representative director of the "subject company".

The term "A" and "B" transfer the "subject stocks" and at the same time transfer the management rights of the company from "A" to "B" and "B" promise to acquire the share certificates from "A" and to manage the company in good faith.

Accordingly, "A" and "B" agree that "A" transfer "subject shares" and "B" in accordance with the following conditions:

Article 1(Shares subject to Acquisition) The shares subject to acquisition of “this Agreement” (hereinafter referred to as “subject shares”) are common shares issued by “B” and common shares issued by “B” (818,750).

Article 2 (Transfer Price) The total sale price of “subject shares” shall be KRW 2,443 per share, and shall be KRW 2,000,000,000 (Won 2,000,206,250).

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