logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.22 2017가합508999
주식양도통지 등
Text

1. Defendant B’s KRW 2,614,00,000 and interest rate of KRW 15% per annum from November 1, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 29, 2016, the Plaintiff entered into a contract with Defendant B to transfer the 32,000 common shares issued C, a total of KRW 12,500 per share ( KRW 5,000 per share) of KRW 4 billion ( KRW 80 billion on May 31, 2016, KRW 160 billion on July 31, 2016, KRW 1.6 billion on July 31, 2016, KRW 1.6 billion on October 31, 2016).

In this case, Defendant B set up a pledge on the shares listed in the attached Table 1 (hereinafter “instant shares”) on the Plaintiff in order to secure the payment of acquisition price.

B. As to the shares of this case on the same day, the Plaintiff and Defendant B entered into a pledge agreement setting the total amount of compensation for damages and expenses for the execution of the pledge as secured claims, which may result in the non-performance of principal, interest, and other obligations.

At this time, the rate of interest in arrears for the transfer price was set at 15% per annum, and when it is apparent that Defendant B fails to pay the transfer price or is unable to pay it, the Plaintiff determined at any time that the Plaintiff may dispose of the shares of this case at will or acquire ownership finally (settlement of accounts) according to choice.

C. The instant shares are only new financial investment company established in the name of Defendant B, which was established in the name of Defendant B (hereinafter “new financial investment company”).

(2) Defendant B entered the account into the account, and Defendant B paid only KRW 1.386 billion out of the acquisition price to the Plaintiff. [Grounds for recognition] The fact that there is no dispute, Party A’s evidence Nos. 1 through 6 (including each number, and the purport of the whole pleadings).

2. On April 29, 2016, under the premise that the Plaintiff entered into a security agreement with Defendant B on the shares of this case, rather than a pledge agreement, with regard to the shares of this case, and upon paying the acquisition price, the Plaintiff carried out the security right by the method of settlement to vest in the accounts to vest. As to Defendant B, the Plaintiff sought payment for the remaining unpaid transfer price after being appropriated for the implementation of the procedures for transferring the shares of this case and liquidation money, and as to Defendant New and New.

arrow