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(영문) 서울중앙지방법원 2015.11.27 2014가합546747
주식양도대금
Text

1. Defendant (Counterclaim Plaintiff Co., Ltd.) C is against Plaintiff (Counterclaim Defendant) A

(a) 100,000,000 won and 50,000,000 among them;

Reasons

1. Basic facts

A. The Plaintiff (Counterclaim Defendant) Co., Ltd. (former Trade Name: E: hereinafter “Plaintiff Co., Ltd.”) is a company with the objective of planning and consulting international conferences, etc., and the Plaintiff (Counterclaim Defendant A) was a director of the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) and a single shareholder who solely owned 60,000 shares of the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”).

B. On December 31, 2012, the Plaintiff Company stated “285,668,717 won” on the behalf of “285,668,717 won for the progress of events,” respectively, through the substitution slips as of December 31, 2012, in order to create a book-based net profit at the time of accounting settlement at the end of the end of the year 2012.

In addition, on January 1, 2013, through the substitution slips, “285,668,717 won for the progress of events” was written on the side, respectively, on the other hand, “285,668,717 won for unpaid payments”.

(hereinafter “Accounting of this case”). C.

Plaintiff

A on July 5, 2013, a contract was concluded between the Defendant (Counterclaim Plaintiff) Co., Ltd. (hereinafter “Defendant Company”) and the Defendant Company to transfer all 60,000 shares of the Plaintiff Company that it owned to the Defendant Company (hereinafter “instant share transfer contract”). The main contents of the instant share transfer contract are as follows.

The share transfer price shall be KRW 150 million, but shall be paid KRW 50 million on December 31, 2013, KRW 50 million on December 31, 2013, KRW 50 million on December 31, 2014, and KRW 50 million on December 31, 2015, respectively.

(3.2,3.2.1) The Defendant Company is wholly liable for the succession to the financial obligations of Appendix 2. Special Agreement No. 2-1 as well as the obligation under the specification of the unpaid balance No. 1.

(3.2.3) and Attachment 2. Special Terms and Conditions 2-1: our bank (10 million won), Han Bank (350 million won), Han Bank (50 million won), Han Bank (50 million won), and additional 1. Obligations in the Statement of Unpaid Balance: The Plaintiff provided all necessary information to the Defendant Company in accordance with the good faith principle in order to conclude this Agreement.

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