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(영문) 수원지방법원성남지원 2016.12.08 2015가합203420
주식매수대금 등
Text

1. The Defendant’s KRW 936,849,910 for the Plaintiff and KRW 20% per annum from June 12, 2015 to September 30, 2015 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 30, 2010, the Plaintiff entered into a contract with C (hereinafter “C”) and the Defendant to acquire KRW 22,220,00 in total amount of KRW 49,950,00 per share of 22,50 per share of common shares (hereinafter “instant new shares acquisition contract”).

The main contents of the instant new shares acquisition contract are as follows.

§ 2 (Interested Parties)(1) The term "interested parties to this Agreement" means, at the time of acquisition of shares, the majority shareholders holding at least 10% of the total outstanding shares of C except nonvoting shares, and any corporation or de facto controller which the Plaintiff recognizes as having de facto control over C’s outstanding shares:

[1] Address of Interested Person 1] Address: omitted name: name omitted: D [interested Person 2] Address: Name F: Defendant (2) and interested person under Section 1 of this Article approve each provision of this Agreement and jointly and severally liable to perform the obligations under this Agreement.

Article 14 (Matters subject to Prior Consent) C shall seek written consent from the plaintiff for the matters referred to in the following subparagraphs, and in order to obtain consent, the written consent shall be requested to the plaintiff 20 days before the date of implementation of each matter.

(4) When the whole or a part of the business is discontinued and a waiver is made, (8) the contents of the shares issued by shareholders who hold 5% or more of the total number of issued and outstanding shares and the changes in ownership (11) the matters concerning the transfer, transfer, sale, and pledge of all or part of the shares owned by interested parties to a third party, and (13) the act related to the change in the share ratio of C, such as the transfer, transfer, sale, and pledge of all or part of the shares owned by interested parties, (13) the financial transaction between interested parties, shareholders, directors, or affiliated companies, (15) and other matters that have significant influence on the management of the company, the Plaintiff is referred to

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