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(영문) 서울중앙지방법원 2017.07.06 2016가합26575
약정금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,007,813,697 and KRW 1,000,000,000 among these costs.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract to purchase D’s shares as indicated below (hereinafter “instant sales contract”) from New Ltd., a English corporation (hereinafter “New D”). The party who entered into the instant sales contract had the Defendant B (hereinafter “Defendant B”), a joint and several surety, as well as the Plaintiff and the seller, and Defendant C, a joint and several surety, as the buyer.

(2) On April 3, 2015, 200, 2000, 200, 200, 300,000 on April 13, 2015, 200 on April 40, 2015, 200, 300,000, 300,000 on April 60, 2015, 203

B. On April 28, 2016, the parties to the instant sales contract concluded a contract to modify the terms and conditions of the instant sales contract in the form of an accessory contract, and as a result, the final terms and conditions of the instant sales contract are as follows.

1) As to the sales contract concluded on April 3, 2015 among the instant sales contract, the Plaintiff: (a) had the right to purchase the Plaintiff’s stocks that the Plaintiff purchased on July 2, 2015; and (b) had the right to demand the New Zealand to re-purchase all or part of the stocks that the Plaintiff purchased on July 2, 2015; and (c) the Defendants are jointly and severally liable for re-purchase with the New Zealand; (b) the period for exercising the right to purchase is until May 31, 2016; and (c) the right to purchase remaining stocks for which the right to purchase has not been exercised by the said period is deemed to have been automatically exercised on the last business day of the period for exercising the right to purchase ( May 31, 2016).

3 In the event that the Plaintiff is deemed to exercise the right to purchase or to exercise the right to purchase, New Street and the Defendants shall jointly and severally purchase the shares for which the right to purchase has been exercised and notify the purchaser of the intention to exercise the right to purchase.

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