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(영문) 서울중앙지방법원 2013.11.21 2013가합11855
주식양도대금
Text

1. The Defendant is jointly and severally and severally with C to the Plaintiff KRW 300,000,000, and 5% per annum from March 1, 012 to February 22, 2013.

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. On July 5, 2010, the Plaintiff held the registered common shares 2,000,000 shares of the LABD (hereinafter “instant shares”) and resigned on January 18, 201 after he/she was appointed as the representative director D in the Dispute Resolution Co., Ltd.

B. E and F’s acquisition process: (a) the K and F acquired the listed company and planned a non-listed company-related company-affiliated company-affiliated company-affiliated company-affiliated company-affiliated company-affiliated company-backed company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based company-based

E excluded from the category I, J, K, and the Plaintiff, and F excluded the Defendant, set up the acquisition team of the Dispute Resolution Co., Ltd., and E has overall control over them.

First, in order to conduct an underwriting negotiation at the request of the Plaintiff on April 201, E collected KRW 80 million from I, KRW 600 million from M, and KRW 150 million from F, and remitted KRW 1.5 billion to the Plaintiff account as contract deposit.

(1) From April 28, 2011 to May 2, 2011, E entered into a contract for prior acquisition of shares and management rights of the Plaintiff, buyer, and buyer as N, C, and H on May 3, 201.

C. After the conclusion of the instant stock acquisition agreement, following the conclusion of the stock acquisition agreement, E and F demanded that the Plaintiff lower the purchase price, based on the judgment that the assets value was overpaid as a result of the F-led inspection conducted by the F.

Accordingly, on July 15, 2011, between the Plaintiff, Defendant, and C, a share acquisition agreement was made between the Plaintiff and the Plaintiff to sell the instant shares and management rights to the Defendant and C at KRW 8 billion (including management rights premium).

At the time, the representative director D's name and seal was signed and sealed as joint guarantor.

Accordingly, F shall procure KRW 1150,000,000, and KRW 350,000,000 by E, respectively, and the part payment shall be KRW 1.5 billion to the Plaintiff.

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