logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.02.07 2011나99155
주식매매대금 등
Text

1. Revocation of the first instance judgment.

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

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. The relevant Defendant C and the Defendants were the representative director of C Co., Ltd. (hereinafter “C”), the principal and his wife D and type E, and C were the shareholders who actually held the entire shares of C under the name of D and type E, and C are the major shareholders holding 97.69% of the shares of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. C’s rehabilitation procedure 1) A filed an application for rehabilitation procedures with the Daegu District Court 2008 Joint9, among the parties liable to the Plaintiff, etc., and the said court (hereinafter “Rehabilitation Court”).

(2) On July 11, 2008, the rehabilitation plan was decided to commence the rehabilitation procedure and the defendant A was appointed as the administrator of the defendant C. 2) On December 22, 2008, after the rehabilitation procedure commenced, the meeting of interested persons with respect to C was held and a resolution was passed on the rehabilitation plan. The above rehabilitation plan was made to pay 30% of the principal to financial institutions, including the debt of KRW 2,890,612,742 to the plaintiff, until the fifth year (2013), and the payment was made in installments from the sixth year (2014) to the tenth year (2018), and the 20% was to be made in installments from the 2014 to the 2018, and the 10% was to be paid in 2018.

The remaining 70% was the content that the amount of the claim would be substituted for repayment by conversion into C’s stocks.

The rehabilitation court decided to authorize the above rehabilitation plan on the same day.

C. Article 1 (Matters Concerning Payment of Price) of the Agreement on the Purchase and Sale of Stocks is to be issued by Defendant A and to acquire the said shares owned by the Plaintiff, and the purchase price shall be paid in cash on April 30, 201 by evaluating the net asset value as of December 31, 201, based on the net asset value of the Plaintiff.

Even before the payment date of the purchase price, Defendant A may immediately pay the purchase price to the Plaintiff and transfer the name and transfer the ownership.

All rights to shares under Article 2 are transferred to Defendant A at the same time when the Plaintiff receives the full amount of the purchase price of shares.

At the same time, the plaintiff is the defendant A.

arrow