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(영문) 서울중앙지방법원 2019.11.15 2018가단5233498
양수금
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) KRW 100,779,100 against the Plaintiff (Counterclaim Defendant) and its related amount from September 4, 2018.

Reasons

1. Basic facts

A. Defendant Company is established for the purpose of entertainment and entertainment business, music record distribution business, etc., and operates broadcasting and entertainment-related business.

Defendant C, D, and E (hereinafter “Defendant shareholders”) are shareholders of the Defendant Company.

B. On June 6, 2018, the Plaintiff and the Defendant Company, the Chinese People’s Republic of China (hereinafter “China”), entered into an investment contract (hereinafter “instant contract”) with the following terms and conditions (hereinafter “A” refers to the Plaintiff, “B” refers to the Defendant Company, and the Defendant Shareholders affix their seals on the “contestor” column of the last part of the instant contract.

Article 1 [Purpose] The purpose of this Agreement is to confirm the rights and obligations arising between A and B in acquiring the shares issued by “B” in “A”.

Article 2 [Terms and Conditions of Issuance of Stocks and Amount of Subscription] The terms and conditions of shares to be issued by “B” are as follows:

1. Trade name of issued stocks: A stock company B;

3. Class 1) Kind and volume of shares to be issued in gold : Class and volume of common shares and interest-bearing shares (20,000 shares) to be allocated to “A”: The issue price per share of common shares of e.g., transfer-in shares (2,00 shares) 3: The total amount of the subscription price of new shares to be allocated to “A” (250,000 shares) per e.g., e., e., KRW 250,000: Article 4 [Payments e.g., KRW 50,000 (Payment of Investment Money and Convertible Bonds)];

1. “A” shall pay the investment money to the corporate account of “B” with the approval of the Chinese government after the conclusion of this Agreement.

Provided, That the amount of KRW 100 million shall be paid in advance within ten days, and the remainder shall be completed by the last day of July.

2. Determinations as to whether to accept shares of this Agreement shall be made on June 5, 2019, after one year after the conclusion of this Agreement, and “B” in the decision to underwrite shares issued by “A” shall complete the registration of shares of all official legal entities by 20 June 20, 2019.

3. “B” when the “B” gives up accepting or giving up the shares issued, the “B” shall be 500,000.

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