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(영문) 인천지방법원부천지원 2014.12.30 2014가합7253
약정금
Text

1. Defendant B shall pay to the Plaintiff KRW 400,000,000 as well as 20% per annum from August 22, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. (1) On October 30, 2012, the Plaintiff entered into a contract for transfer and acquisition of a corporation. The Plaintiff is the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) with Defendant B (hereinafter “Defendant Co., Ltd”).

(2) The transfer and acquisition agreement of the corporation (hereinafter “instant transfer and acquisition agreement”) to transfer the business rights, assets, etc. of the corporation as follows:

Article 1 [Subject Matter A] (Plaintiff, hereinafter the same shall apply)

A) B (Defendant B, hereinafter the same)

(1) The object to be transferred to A is as follows: (1) The total number of shares owned by A and corporate body 2) the business rights owned by A and the assets owned by A (general title omitted) 3) all of the patents and intellectual property rights owned by A; (4) Article 2 of the real estate and machinery (general title omitted) the transfer price for transfer and takeover shall be KRW 1.8 billion (excluding value-added tax); (hereinafter the same shall apply) Article 3 [1] of the Act is to pay KRW 300 million to A as down payment at the time of concluding the contract.

2) The first intermediate payment of KRW 400 million is to be paid by November 30, 2012. The second intermediate payment of KRW 400 million is to be paid by December 30, 2012 after the completion of the division of a corporation, and the documents in Article 4 are transferred to B and given up all of the rights of a corporation at the same time as the second intermediate payment is received. 3) The remainder of KRW 300 million is to be paid on January 30, 2013, and the remainder of KRW 22.2% is to be paid by the Plaintiff as shares.

2) Until June 28, 2013, Defendant B paid KRW 1.4 billion out of the transfer price to the Plaintiff. (b) The instant agreement and Defendant B paid KRW 1.4 billion, which was unpaid out of the transfer price of the instant case on December 31, 2012 (hereinafter “instant KRW 400 million”).

To secure payment, the following agreements (hereinafter referred to as “instant agreement”) shall be made:

1. A (the plaintiff, the same hereinafter)

2.2.B (Defendant B; hereinafter the same shall apply) shall invest the shares of the Defendant Company in KRW 400 million.

The net profit of the defendant company shall be at least 20 million won after settling accounts of the defendant company.

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