(영문) 서울중앙지방법원 2016.11.17 2014가합40898

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(영문) 서울중앙지방법원 2016.11.17 2014가합40898

약정금

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

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

Reasons

1. Basic facts

A. The E Co., Ltd. (former trade name: F; hereinafter referred to as “F”) supplied Company G (hereinafter referred to as “G”) with raw materials, such as JJs and scams, etc., and around 2006, H and I, one of the children of Defendant B and his/her children, possess 100% of its issued stocks.

B. At around 2005, Defendant B instructed the F’s director in charge of finance to identify the buyer to purchase F.

On April 12, 2006, the Plaintiff (K prior to its change: Defendant B and H and I (hereinafter referred to as “Defendant B, etc.”) made a share purchase agreement with the Plaintiff and Defendant B, and Defendant B, and I (hereinafter referred to as “Defendant B, etc.”) to purchase 100 billion won of the issued shares of F from Defendant B, etc. (hereinafter referred to as “instant share purchase agreement”). This agreement was concluded on April 12, 2006 between Defendant B, H, I (hereinafter collectively referred to as “F”) and the Plaintiff (hereinafter referred to as “Defendant B, etc.”).

Article 1 The purpose of this Agreement is to stipulate, among the F's businesses, the target business sector and/or business sector to transfer 100% of the shares issued by the divided company to B or to a person designated by B, the target business sector and/or the divided company, the value of shares acquired, and other matters concerning the determination, etc. of the terms and conditions of the contract.

The agreed terms of Article 3.2 Section 3.2 B shall be 100% of the shares issued by the divided company A, and the value of shares acquired shall be determined by the sum of the operating rights of the divided company's KRW 25,000 (25,000,000) and its equity capital (the balance of the total assets on the balance sheet less the total liabilities) as of the end of the month preceding the payment date of the balance.

3.3The terms of payment: B shall be the down payment at the time of conclusion of this contract.

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