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(영문) 수원지방법원 안산지원 2018.06.19 2017가단1417
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 113,591,550 and the interest rate thereon from December 9, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 20, 201, the Plaintiff entered into an agreement with Defendant B to transfer 151,967 shares of Defendant C Co., Ltd (hereinafter “Defendant Company”) owned by it (hereinafter “Defendant Company”) to a person designated by Defendant B at KRW 525,00,000,000, and entered into the following terms (hereinafter “instant transfer agreement”).

The Defendant Company jointly and severally guaranteed the Plaintiff’s obligation under the instant transfer contract.

Agreement A: B

2. Eul shall pay Gap the following money:

25,000,000 won shall be paid on July 20, 2011.

(b) 75,00,000 won shall be paid by October 31, 2011;

(Provided, That the payment shall be made at the time of deposit of completion payment, D or E)

(c) pay 225,00,000 won by December 31, 2012;

3.A shall transfer 43% of its shares to a person designated by B, and the remaining shares shall be transferred immediately after the payment of the price is completed.

The amount of tax (securities transaction tax) generated in relation to stock transfer and takeover shall be paid in the responsibility of B.

4. In case where a contract is concluded by introducing design and supervisory duties to A, the member-gu F project construction, and other B in Ansan-si, under the process of implementing the project, A shall pay 10% of the contract amount to B; and

B. On July 20, 201 pursuant to the instant transfer contract, the Plaintiff transferred 7,382 shares of the Defendant Company to G designated by Defendant B (hereinafter “the first transfer”). On December 24, 2012, the Plaintiff transferred 7,585 shares of the Defendant Company to H, G, I, and J as designated by Defendant B and Defendant B (hereinafter “the second transfer”).

The transfer price per share under the transfer contract of this case was KRW 3454 won = KRW 525 million ± 151,967. However, the Plaintiff and the Defendants reported the transfer price per share to the tax office at KRW 5,000 at a par value.

(c)the primary shares are transferred in any interest-free book;

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