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(영문) 서울중앙지방법원 2019.05.30 2018가합513134
기타(금전)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest rate thereon from March 5, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 4, 2014, the Plaintiff concluded a share purchase contract with Defendant B to purchase 111,111 shares of registered ordinary shares issued by D Co., Ltd. (hereinafter “instant shares”) for KRW 500 million (hereinafter “instant contract”).

On March 5, 2014, the Plaintiff paid KRW 500 million to Defendant B the share purchase price under the instant contract.

B. On March 4, 2014, Defendant B, separate from the instant contract, prepared and delivered to the Plaintiff a letter of undertaking containing an agreement on the repurchase of the instant shares (hereinafter “instant repurchase agreement”) with the intent to repurchase the instant shares without delay in the event that the Plaintiff, after three months from the date of acquisition of the instant shares, requested the Defendant B to repurchase the shares at an amount calculated by adding 2% per month interest rate to the acquisition amount (hereinafter “instant repurchase price”), by counting from the date of acquisition of the instant shares after the lapse of three months from the date of acquisition of the instant shares.

C. At the time of the completion of the instant undertaking, Defendant B indicated the Defendant Company as the guarantor of the instant undertaking on behalf of Defendant C Co., Ltd. (Co., Ltd. (formerly: E; hereinafter “Defendant Company”).

On March 11, 2014, Defendant Company prepared a guarantee certificate stating that “The Defendant Company will undertake the joint and several sureties” and issued it to the Plaintiff.

Defendant B did not comply with the transfer procedure of the instant shares, even if the Plaintiff received shares purchase price under the instant contract.

Accordingly, around June 24, 2014, the Plaintiff notified Defendant B of the rescission of the instant contract and demanded Defendant B to pay the instant redemption price in accordance with the instant repurchase agreement.

Since then, Defendant B did not pay the instant redemption price to the Plaintiff, the Plaintiff would pay the instant redemption price to Defendant B by July 8, 2014.

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