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(영문) 서울고등법원 2018.03.02 2017나2050103
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Basic Facts

The Plaintiff held 17,500 shares (50%) of registered common shares issued by D Co., Ltd. (hereinafter “instant Co., Ltd. (hereinafter “instant Co., Ltd.”) as its representative director, and E, respectively, as its directors.

On March 12, 2015, the Plaintiff and E entered into a contract with Defendant B and C to transfer the instant shares and the company’s management rights to KRW 1,000,000 in total (hereinafter “instant acquisition agreement”).

However, the Plaintiff and E decided to hold a temporary general meeting of the instant company before receiving the purchase price from Defendant B and C to appoint three directors and the representative director as the assignee Defendant B and C, and the duty to accept the registration of change of executive officers.

Accordingly, in order to secure the payment of the purchase price, Defendant B and C decided to make the full payment of the purchase price to Defendant B and C in Ful Law Firm (hereinafter “Defendant Ful”).

The details of the acquisition agreement of this case are as follows.

Article IVAgreement on Trade and Time and Method of Payment

1. The assignee means a conditional transfer certificate which promises to deposit KRW 00 million,00,000,000,000,000,000, in Sk, to deliver it to a third party in accordance with the legal language of the United States, and to deliver it to the other party if certain conditions are met on the date of the conclusion of this contract. In ordinary, it is used to mean “the transaction of money or goods by mediating by a neutral third party trust between a seller and a buyer at the time of commercial transaction, or by providing such service.” The third party designated at a general meeting of shareholders shall pay KRW 0,00,000,000,000,000,000 to the transferor, regardless of the completion of registration on the date of receipt of the registration on the date of

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