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(영문) 대전지방법원 2019.07.10 2018가합105259
매매대금반환
Text

1. From September 14, 2018 to KRW 10,326,165 among the Plaintiff’s intermediate confirmation suit and the principal suit, and KRW 6,710,553 among them.

Reasons

1. Facts of recognition;

A. 1) The Defendant, a food company operating food service business, etc. (hereinafter “C”) is a food company (hereinafter “C”) with the change of its trade name into D on December 9, 2015; hereinafter “C”).

(E) and E Co., Ltd. (hereinafter “E”);

(2) On June 9, 2015, as the actual owner of the foregoing company, F, the representative director of the Plaintiff, was met. On November 8, 2015, the Plaintiff and G requested F to introduce and request a person interested in the acquisition of the above company. 2) Thereafter, the Plaintiff and G agreed to acquire the above company from the Defendant to jointly manage the company with 50% of their respective shares, and on December 9, 2015, the Defendant entered into a contract for acquisition of shares and management rights (hereinafter “instant transfer contract”) with the Defendant to acquire shares of 38,000 shares (hereinafter “stocks subject to the instant transfer”) and E’s shares of 20,000 shares (hereinafter “stocks subject to the instant transfer”) and E’s shares of 38,000 shares and management rights of the said two company with the total price of KRW 900,000,000,000, as follows.

This Agreement also entered into on December 9, 2015 between the Defendant (hereinafter referred to as “transferor”) who is the real major shareholder of C and E (hereinafter referred to as “company”) and the Plaintiff, and G (hereinafter referred to as “transferee”).

Article 1 Purpose of Contract

1. The purpose of this contract is to acquire from the transferor the C-Issuance Shares 38,000 shares (the face value of 500 shares) owned by the transferor and the E-issuance Shares 20,000 shares (the face value of 500 shares) and to determine all matters related to the transferee’s acquisition of the company’s management rights from the transferor.

Article 2 The transfer proceeds shall be KRW 900,000 in total.

Provided, That 450,000,000 won out of the purchase price shall be paid as the price for the transfer of the corporate head office, and 450,000,000 won shall be paid as the price for the transfer of the head office in Daejeon Hdong Head Office (hereinafter referred to as the “PPY”).

Article 3. The transfer proceeds.

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