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(영문) 서울중앙지방법원 2016.05.26 2014가합46094
계약해제에 의한 위약금등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The following facts may be found either in dispute between the parties or in full view of the overall purport of Gap evidence Nos. 1, 2, 3, 4, 5, 7, and Eul evidence No. 3 (including each number, and unless otherwise specified; hereinafter the same shall apply):

Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company operating hotel business as the owner of E hotel located above D and on the ground of two parcels in Western City, Seopoposi, and the network A (hereinafter “the network”) was a representative director of the Defendant Company and a shareholder of the Defendant Company who holds a total of 290,600 shares issued by the Defendant Company. The Plaintiff is a company established for the purpose of running the sound information system manufacturing and sales, film photographing business, etc., and Defendant Austria (hereinafter “Defendant”) was the deceased’s spouse as the deceased’s spouse on April 14, 2015 when the deceased died on April 14, 2015, and thereafter took over the instant lawsuit.

On March 10, 2014, the Deceased entered into a share transfer contract with the Plaintiff and the Defendant Company’s total issued shares of KRW 290,600,000,000 (hereinafter “instant share transfer contract”). The part relating to the instant share transfer contract relating to the instant case is as follows.

The Deceased Party A: The purpose of this Agreement is to transfer the common shares of the Defendant Company A owned by the Plaintiff, to B, and to determine all matters related to the acquisition of them from B.

Article 2 (Transfer of Stocks) A common share of KRW 10,000 per share issued by the Defendant Company (hereinafter “instant shares”) shall be transferred to the Plaintiff in accordance with the terms and conditions of this Agreement, and the Plaintiff shall take over the shares.

Article 3 (Subject Shares) The purchase price of the instant shares shall be KRW 14,150,000,000.

Article 4 (Payment of Stock Sale Price)

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