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Reasons
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(영문) 대전지방법원 천안지원 2018.02.23 2016가합984
주식양도대금
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1. The Defendant’s KRW 718,80,000 as well as the Plaintiff’s annual rate of KRW 5% from November 17, 2016 to February 23, 2018, and the following.

Reasons

1. Basic facts

A. 1) The Plaintiff is a partner of C, and the Defendant and D have been working for E Co., Ltd. (hereinafter “E”), F Co., Ltd. (hereinafter “F”), and G Co., Ltd (hereinafter “G”), in collaboration with C from 2003.

B. Of the F’s total shares 10,000 shares issued by each of the above companies, 4,800 shares (48%) were owned by the Plaintiff, 4,700 shares (47% shares), and 500 shares (5% shares) were owned by the Plaintiff’s wife H, respectively. Of the 3,250 shares issued by G, 1,462 shares (45%) were owned by the Plaintiff, 1,463 shares (45%) were owned by the Defendant’s mother, 1,463 shares (10% shares), and 325 shares (10%) were owned by the J. On November 2, 2015, the Plaintiff agreed between C, I, D, Defendant, etc., and the Plaintiff and the Defendant’s family members, respectively.

C. According to the above agreement, on November 2, 2015, the Plaintiff entered into a share sales contract with D to sell all of the shares owned by the Plaintiff (hereinafter “instant sales contract”) with D on November 2, 2015, and the sales contract (Evidence 1) drafted at the time is called “instant sales contract” (Evidence 1).

[] The main contents of the first sale contract of this case are as follows. This contract agrees to sell shares issued by E owned by the Plaintiff representing the seller of shares to D as the representative of the purchaser of shares, and enters into a contract as follows. Article 1 [Subject matter of the sale agreement]

1. The class and number of stocks to be traded shall be as follows:

1. Issuing Company: The number of issued shares: 100,000 common shares 3: 100,000 per share value: 100,000 per share value: 48,000 shares

1. The purchase price under Article 1 shall be 5,00,000,000 won per share (104,166 won per share);

2. From the above purchase price, the difference between the value of F located in Gyeonggi-do and the value of G located in Seo-gu, Seo-gu, Seocheon-gu. 1,000,000.

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