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(영문) 서울중앙지방법원 2018.10.25 2017가합562115
위약금 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Facts of recognition

The following facts are not disputed between the parties, or may be acknowledged by comprehensively considering the overall purport of Gap evidence Nos. 1, 5, 6, and Eul evidence Nos. 1, 2, 9, and 10 (including each number), and no other counter-proof.

The Plaintiff purchased shares of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) in the electronic parts manufacturing industry, but sold the said shares to G due to aggravation of the credit of the Defendant Co., Ltd., but the said share purchase agreement was not complied with

Since the Defendant Company, G, etc. should implement the share purchase agreement as to the Plaintiff’s capital increase with consideration for the said shares, the Plaintiff requested KRW 1 billion for the preparation of the above capital increase for capital increase, and the Plaintiff consented thereto.

B. On December 30, 2016, the Plaintiff paid KRW 900 million between the Defendant Company and the Defendant C (representative director of the Defendant Company), Defendant D, E, and F (the directors of the Defendant Company), and the Plaintiff agreed to provide the Defendants with a right to manage the Defendant Company as collateral to invest KRW 1 billion in the Defendants and to reimburse the said amount (Article 1). ② The Plaintiff invested KRW 1 billion in the Defendants, and the Defendants shall repay the amount to the Plaintiff within one month from the date of the conclusion of this contract to the Plaintiff, and if the Defendants are unable to perform this within one month, they transfer to the Plaintiff the right to manage the Defendant Company (Article 2); ③ After the conclusion of this contract, the Defendants issued the documents by which the Plaintiff or the person designated by the Plaintiff can perform a notarized act on KRW 1 billion to the Plaintiff (Article 2); ④ In addition to the case of failure to perform the above matters, the Plaintiff agreed to compensate the Plaintiff for damages (Article 200 million).

(hereinafter referred to as “instant agreement”). C.

On January 25, 2017, the Plaintiff and Defendant Company: (a) No. 135 of the No. 2017, the No. 135 of the No. 3010, Dec. 30, 2016 on the date of borrowing the No. 1000,000.

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