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(영문) 광주고등법원(전주) 2016.08.18 2015나1319
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

. The Plaintiff and the Defendant expressed the foregoing, taking into account that there is no dispute between the parties regarding the fact that the Plaintiff and the Defendant were drafted and that the effect extends to the Plaintiff and the Defendant.

1. The Plaintiff shall pay 200,000,000 won to the Defendant jointly and severally with D until July 10, 2013. If the Plaintiff delays the payment of the said amount, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 12% per annum from July 11, 2013 to the date of full payment.

2. By July 10, 2013, the Defendant, when receiving KRW 200,00,000 as stated in the foregoing paragraph (1) from D, waives the claim against the Plaintiff as described in the foregoing paragraph (1).

3. The defendant shall waive the remaining claims.

E. On December 26, 2013, D entered into a contract on the acquisition of shares with the content of transferring D’s shares of 15,000 shares to the Defendant as follows:

Article 2 (Subject Matter of Stock) The objects and terms and conditions of stock acquisition under this Agreement shall be as follows:

* The par value: 10,000 won * the number of acceptance * The total acceptance value 15,000 * The defendant under Article 3 (Price Payment) of the Act shall be the conversion 150,000,000 won out of D from the defendant under the provisions of Article 2 into the stock price.

Article 4 (Effect of Contract) The effect of this Agreement shall take effect after signing and sealing by D and the defendant, and the rights and obligations to shareholders shall take effect after signing and sealing of the share acquisition agreement.

Article 6 (Duty to Cooperate)D shall actively cooperate to exercise all rights as a shareholder, such as tangible or intangible persons, dividends, etc. that may arise after the transfer of the shares.

Article 7 (Matters under Special Agreement)

1. The defendant shall, upon repayment of a loan with respect to that stock, without delay respond to repurchase under the terms of the special agreement for repurchase, and the management interference as owned by such stock shall be restricted.

Provided, That if there is a mutual agreement between D and the defendant, the special agreement may be terminated according to the agreement.

2. The period of redemption shall be until May 30, 2014;

It shall extend to this period.

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