logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.10.17 2019나2024221
매매대금
Text

1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

The defendant.

Reasons

1. Basic facts

A. On November 18, 2017, the Plaintiff and the Defendant concluded a share purchase agreement (hereinafter “instant share purchase agreement”) with the Plaintiff to purchase KRW 255,00,000,000 in total, of the purchase price for common shares (a par value of KRW 1,700 per share) issued by C Co., Ltd. (hereinafter “instant company”).

B. The contents of Articles 3 and 6 of the Agreement on the Sale of Stocks are as follows.

Article 3 [Payment of Purchase Price and Transfer of Stocks] The purchaser of the instant share purchase price of KRW 150% 255,000,000 after the instant contract is the amount equivalent to 150% of the share price of KRW 170,000,000. In light of the entire content of the instant share purchase and sale contract, it is reasonable to view that the “150% of the purchase price” under Article 3 of the instant share purchase and sale contract refers to KRW 255,00,000 of the purchase price of the instant share purchase and sale contract, in light of the entire content of the instant share purchase and sale contract. B shall be paid in full by May

A seller shall pay the purchase price of the shares in full pursuant to the above Paragraph (1) and at the same time deliver all the documents required for the purchase of the shares in this case to the bank, a transfer agent of the company of this case, in accordance with the agreement between the parties.

The buyer's payment of the purchase price of shares to the seller under this section shall be made in the manner of remitting the purchase price of shares to the D Bank which is a transfer agent of the company of this case to the receiver.

Article 6 (Support for Registration of U.S. SEC and NASDA Q Continuations) To implement this Agreement, the provision of documents and cooperation necessary to register and proceed with the U.S. Financial Transactions Commission (SEC) and NASDA Q.

C. All of the instant shares are issued with the same share certificates as indicated in the separate sheet (hereinafter “instant share certificates”).

On July 11, 2019, when the lawsuit of this case was pending in this court, the Plaintiff had the Defendant as the principal deposit in the Chuncheon District Court's original state branch.

arrow