(영문) 서울중앙지방법원 2017.07.06 2016가단59424

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(영문) 서울중앙지방법원 2017.07.06 2016가단59424

약정보증금반환

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1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from April 13, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On January 5, 2016 (hereinafter referred to as “instant agreement,” and the agreement pertaining to the instant agreement was prepared between the Defendant, who is the largest shareholder of the People’s Republic of China (hereinafter referred to as “subject company”), as the introduction of D, and the part relating to the instant agreement is as follows.

1. A (referred to the plaintiff) shall pay B (referred to the defendant) a gold billion (Won 200,000,000) with the agreed deposit simultaneously with the seal of this Agreement.

2. After the payment of the agreed amount referred to in paragraph (1), A shall conduct an inspection and evaluation to ascertain the current status of the target company;

The above-mentioned inspection and evaluation shall include inspection of all documents and interviews with executive officers and employees to verify the status and relationship of the business promoted by the company concerned, and Eul shall cooperate to the maximum extent possible in the inspection and evaluation of Gap.

3. The period of the actual inspection and evaluation under paragraph (2) shall be determined by mutual consultation between A and B;

4. Where a separate contract for acquisition of stocks and management rights of the target company is concluded after the actual inspection and evaluation, the contract deposit referred to in paragraph (1) shall be replaced with the contract deposit, and where the contract is not concluded according to the intention of Party A after the actual inspection and evaluation, Party B shall refund KRW 200 million paid by Party A within three days from the date of notification of Party A.

5. Eul will offer 5% of the shares of the company Eul and the right of management of the company Eul holding in order to secure the return of the agreed deposit under the latter part of paragraph 4. If Eul fails to return the agreed deposit under the latter part of paragraph 4, Eul will claim damages against Eul, or set off the shares and the right of management of the company which is subject to the contract deposit with KRW 200 million without any separate procedure, and Eul may not raise any objection.

B. The Plaintiff’s contract deposit stipulated in the instant agreement on the same day.

유사 판례

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-춘천지방법원 2016.07.13 2015가합5491

-서울중앙지방법원 2015.12.10 2014가합51942