(영문) 수원지방법원성남지원 2017.08.08 2016가합205300

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(영문) 수원지방법원성남지원 2017.08.08 2016가합205300

매매대금

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1. The Plaintiff:

A. Defendants are jointly and severally liable for 175,783,247 won and Defendant B with respect thereto from March 21, 2017.

Reasons

Basic Facts

The acquisition of shares and management rights by transfer (this case’s transfer contract): Defendant B and B: The transferee of the Plaintiff and the transferor enter into the following contracts for acquisition of shares and management rights by transfer of the Defendant Company:

Article 1 (Purpose) The purpose of this Agreement is to clarify the procedure and related rights and obligations in transferring the shares and management rights of the Defendant Company A from B to B, and transferring them to B.

Article 2 (Language)

1. The term "general meeting of shareholders" in this contract means a general meeting of shareholders, with a person designated by Gap as an executive officer of the defendant company;

2.The term "stocks subject to this Agreement" means registered common stocks issued by the Defendant Company B as of the date of this Agreement.

3. The acquisition price in this contract means the price received from A, by transferring the management rights of the shares and the Defendant Company A, after transferring them to A.

4. The term "transfer of management right" means that a person designated by A or A may make a free decision on the overall management of the defendant company by being selected and appointed as a director and auditor of the defendant company lawfully without any de facto defect at a general meeting of shareholders referred to in paragraph (1) and completing the registration accordingly.

5. "Date of completion of acquisition by transfer" in this contract means the date of completion of change of holders for shares in paragraph (2) and the date of completion of approval for transfer of shares in paragraph (4).

Article 3 (Price for Transfer and Takeover of Stocks)

1. The shares to be transferred to A shall be 80,560 shares registered ordinary shares issued by the Defendant Company (the face value of 5,000 won and the share ratio of 40.28%).

2. B shall enter into this contract on the date of completion of transfer, and at the same time transfer by means of reporting a change of holders in the register of shareholders of the defendant company Gap as a shareholder and an entrusted management institution.

3. A shall also be assigned to B.

유사 판례

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-창원지방법원 2013.09.26 2012가합32119