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(영문) 서울중앙지방법원 2016.07.22 2015가합570440
유보금반환청구
Text

1. Defendant C Co., Ltd.: (a) 158,375,269 won and its corresponding amount to Plaintiff A during the period from October 18, 2015 to July 22, 2016.

Reasons

1. Basic facts

A. The parties 1) Defendant D Co., Ltd. (hereinafter “Defendant D”)

(1) The Plaintiff and Nonparty E (hereinafter “Plaintiff, etc.”) are companies manufacturing the pressure valves pressure equipment, etc.

(2) Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company that purchased the shares of Defendant D from the Plaintiff, etc.

B. A share acquisition agreement 1) around October 18, 2012, the Plaintiff, etc. sold 100% (Plaintiff A75%, Plaintiff B15%, and Nonparty E 10%) of the shares of Defendant D owned by the Plaintiff, etc. to Defendant C (hereinafter “instant share acquisition agreement”).

(2) While entering into the instant stock acquisition agreement, Plaintiff A and Defendant C reserved KRW 300 million out of the stock acquisition price (hereinafter “instant stock acquisition price”) to Defendant C, and pay the remainder after deducting the loss incurred by Defendant C in relation to the instant stock acquisition agreement after the lapse of three years from the date of entering into the contract, and the relevant provisions of the instant stock acquisition agreement are as shown in the attached Table.

C. From October 14, 2015, Defendant C paid the Plaintiff KRW 44,954,00 for the instant reservation and interest thereon, KRW 10,37,54,54,00 for legal advice expenses, KRW 35,609,214 for annual annual allowances not paid to Defendant D employees, KRW 111,09,609, KRW 15,541,689 for the outstanding fixed assets, corporate tax of KRW 15,689 for the disposal of the inventory assets, KRW 29,612,752 for the disposal of the inventory assets, KRW 9,210,00 for the producer’s seal disposal expenses, KRW 25,8250 for the defective products, and KRW 3,004 for the reservation money.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 11, Eul evidence 14 (including provisional number), the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim against Defendant C

A. The Plaintiff A’s assertion against the Defendant C regarding the claim related to the reservation amount.

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