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(영문) 서울중앙지방법원 2016.09.07 2016가합502734
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a shareholder and creditor of Gangwon-do Co., Ltd. (hereinafter “Gangwon-do”).

B. On May 14, 2010, eight shareholders in the Gangwon-do, excluding the Plaintiff, and the Plaintiff (hereinafter “eight shareholders”) entered into a contract on the transfer of shares and business rights (hereinafter “instant contract”) with A as follows.

Article 2(b) of the Agreement on the Transfer and Acquisition of Stocks and Business Rights (stocks subject to Transfer), eight shareholders subject to transfer, and 200,000 shares of common shares owned by the plaintiff, all of which are subject to transfer; (c) The business rights of Gangwonland subject to transfer to A are as shown in the attached Form.

Article 3 (Transfer Price, Term Disbursement Services Cost and Method of Payment) Business Right and Stock Transfer Price shall be KRW 2.5 billion, and the amount of KRW 6.5 billion against the plaintiff and the amount of KRW 8 shareholders shall be KRW 6.5 billion. A shall be paid to eight shareholders and the plaintiff at the following due date, in cash, KRW 700 million, and the down payment shall be paid to the plaintiff at KRW 700 million on the date of the contract. The down payment shall be paid for the purpose of repaying the obligations against the plaintiff and eight shareholders as the amount of the share transfer price and KRW 700 million on the date of the contract. The down payment shall be paid for the purpose of repaying the obligations against the plaintiff.

2) The intermediate payment shall be KRW 2 billion and shall be paid to the Plaintiff within five months from the date of commencement. However, with respect to this intermediate payment, the payment guarantee that the construction company recognized by the Plaintiff (three-month five hundred and five billion won from the date of commencement, five-month five and five billion from the date of commencement) shall be granted to the Plaintiff as the subrogated payment under Section A (a) and shall be granted to the Plaintiff for repayment to the Plaintiff on the day of the contract and eight shareholders.

C. On the same day, the defendant is the intermediate payment under the contract of this case, and as the part payment to the plaintiff, A does not pay to the plaintiff, the Gangwon-do Construction Corporation.

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