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(영문) 서울중앙지방법원 2019.07.17 2018가합571840
주식매매대금 청구의 소
Text

1. The Defendant’s KRW 1,99,731,540 among the Plaintiff and KRW 99,865,770 among the Plaintiff, shall be KRW 99,865,70 from June 30, 2018, and KRW 99,865,70.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established in Japan for the purpose of the business of mobile news service, etc. on November 2012. The Defendant is a company established in the Republic of Korea for the purpose of business, such as fintech settlement, health care, digital marketing, and mobile service on August 12, 2012.

B. On October 13, 2017, the Plaintiff entered into a contract with the Defendant to sell 3,690 shares of C Co., Ltd. (hereinafter “C”) owned by the Plaintiff in total at KRW 2,99,597,310.

(C) the instant share sales contract (hereinafter referred to as the “instant share sales contract”)

The share sales contract of this case provides for the payment schedule of the purchase price (PAYMNT SCHE) as follows, while Article 1 (d) provides that where the Defendant fails to pay the amount due, delay damages for 14.6% per annum, including the date of the due date, shall be paid.

KRW [99,865,70] / [1,230] on June 30, 2018 (June 30, 2018) / [1,20] KRW [99,865,770] / [1,230] / [1,230] 30/30] 30 September 30, 2018 (June 30, 2018) / [1,230] 30/ [30] 99,865,770

D. On April 11, 2018, the Defendant paid the Plaintiff with the purchase price of March 31, 2018, in Japanese currency 99,644,795, in accordance with the instant share purchase agreement, and did not pay the remainder of the purchase price.

Accordingly, on April 10, 2018, the Plaintiff changed the entry of the name of the Defendant only with respect to 1,230 shares C on April 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 (including provisional number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant’s payment date as to KRW 1,99,731,540 (= KRW 99,865,770 as of June 30, 2018) and the sales price as of September 30, 2018 as of June 30, 2018, as to KRW 99,865,770 as of June 30, 2018.

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