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(영문) 서울동부지방법원 2016.08.26 2016가합100384
수수료 청구
Text

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

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

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, described in Gap evidence 1, 2, 3, 6, and 7);

A. On August 2015, Defendant B, the representative director of the Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Around August 2015, the Plaintiff and Defendant C (hereinafter “Defendant Co., Ltd.”) entered into an agreement on the acquisition of shares and management rights of Defendant B (hereinafter “instant agreement”), and the details are as follows.

1. Major agreed matters (1) The total acquisition value of Defendant B’s stocks held 3,423,533 shares (45.64%) and management rights shall be eight billion won.

However, for the success of capital increase for the resolution of the financial structure and liquidity crisis of the defendant company, the defendant B's share and acquisition of management rights are inevitably agreed to be concluded and publicly announced within two weeks after the capital increase is paid.

(2) TWENIT ACT. - The Plaintiff and the Defendant B will transfer the price for transfer to the bank and securities account designated by each other, as well as the shares of the Defendant Company, upon the conclusion of this Agreement:

[Simple Over-the-counter trading, acceptance of shares, 342,353 shares, and acquisition amount of KRW 800 million] - Subscription for new shares (30 billion won) within two weeks from the date of payment, and the Plaintiff and Defendant B entered into an official share and management right acquisition agreement and decided to convene a general meeting of shareholders and a public notice and a provisional meeting of shareholders.

[3,081,180 shares of acceptance and acquisition, and 7.2 billion won amount of acquisition];

2. The Plaintiff’s obligations and responsibilities (1) After entering into this Agreement, the Plaintiff is to immediately implement the business of restructuring and financing by acquiring the substantial management right of the Defendant Company from the Defendant B for the success and reorganization of the Defendant Company’s capital increase (30 billion won).

(2) (3) omitted (4) In the event that capital increase (30 billion won) of the Defendant Company, which was led by the Plaintiff after the conclusion of this Agreement, is not paid at least 80%, the Plaintiff is fully cancelled and cancelled within seven days after the date of completion of capital increase.

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