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(영문) 대전지방법원서산지원 2015.04.22 2014가단460
주식양도대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 15,317,043 to the Defendant (Counterclaim Plaintiff) and its related amount from March 18, 2015 to April 22, 2015.

Reasons

1. Basic facts

A. On January 10, 201, the Plaintiff established and operated C Co., Ltd. (hereinafter “C”) for an intermediate waste collection and transportation business chain.

On October 10, 2012, the Plaintiff presented a share sales contract (Evidence 1 and 2) by asserting that he/she acquired all shares from D (40% ownership of C shares) and E (20% ownership of C shares) and entered into a sales contract to sell all shares, including ownership and management, to the Defendant for KRW 50,000,000 (hereinafter “instant sales contract”).

Article 4 (Payment of Stocks) A (Plaintiff) shall pay to B (Defendant) the number of stocks equivalent to the transfer value referred to in Articles 2 and 3 calculated at par value.

Article 5 (Duty to Cooperate) A shall cooperate not only in the process of acquiring the business of B but also in the process of taking over the business of B for a considerable period of time so that it may conduct the business smoothly.

Article 11 (Cancellation and Termination) (1) A or B may cancel or terminate this contract by giving written notice to the other party, regardless of the duration of the contract, where any of the following causes arises:

1. Where the other party violates any provision of this contract or any separately concluded agreement under this contract and fails to correct the violation within seven days from the date the other party receives a written demand for correction;

2. Where it is difficult to maintain a contract any longer due to the decision on preservative measures on major properties of the principal or the other party and compulsory execution, delinquent procedures for national or local taxes, composition, corporate reorganization, bankruptcy, etc.;

(2) The cancellation or termination referred to in paragraph (1) shall not affect the claim for damages with Gap.

B. The Defendant paid the Plaintiff the down payment of KRW 7,000,000 to the Plaintiff on the date of the instant sales contract, and registered the Defendant as the representative director C in the register.

C. The balance shall remain until August 2013.

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