(영문) 서울중앙지방법원 2015.09.16 2014가합504675

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(영문) 서울중앙지방법원 2015.09.16 2014가합504675

양수금

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1. The plaintiff's claim against the defendant is dismissed.

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

Reasons

1. Facts of recognition;

A. C (actual investors are D and Plaintiff) around 2010 refers to a single stock transfer contract for E and F Co., Ltd. (former trade name prior to the change is G Co., Ltd.; hereinafter “subject company”) below the acquisition of stocks and management rights for E and F Co., Ltd.

(E) In the event that a stock transfer contract is concluded more than the transfer price of the first stock transfer contract, E made a verbal agreement to return a substantial portion of the said down payment to C. Article 2 (E) transfers 350,000 shares in registered common shares issued by the company subject to 500 won of the face value, and the transferee takes over the same account. Article 4 (Transfer Price) The transfer price for the transfer shares and the transfer of management rights under Article 2 is the total sum of KRW 10 billion. Article 5 (Payment of Transfer Price and Delivery of Stock Certificates) (1) The transferor shall pay the transferor the transfer price under Article 4 as follows, and the transferor shall transfer the shares to the transferee.

1. Contract deposit: At the same time as this contract is concluded, the transferee shall pay the transferor a down payment of 2.4 billion won; and

In such cases, on November 30, 2010, the deposit money paid by the transferee to the transferor shall be substituted by part of the principal contract deposit.

2. Part payments: It shall be paid 5.1 billion won at the same time as a resolution was adopted on the cases, etc. of appointment of directors or auditors designated by the transferee at the temporary general meeting of shareholders of the company subject to an agenda item, such as the cases, etc. of appointment of directors

Provided, That the transferee shall be 5.1 billion won in the dialogue law firm by not later than 6.0 billion won per day before the day of the above provisional shareholders' meeting.

3. Any balance: A transferee shall pay the transferor any balance of 2.5 billion won within six months from the day on which the temporary general meeting of shareholders is held.

However, the transferor and the transferee shall:

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