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(영문) 서울고등법원 2018.06.01 2017나2071551
주식매매대금 청구의 소
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B Co., Ltd. shall pay KRW 600 million to the Plaintiff and this.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. and the promotion of the instant business 1) Defendant B (the representative director: C; hereinafter “Defendant B”) omitted the entry of “stock company” for other companies.

) Seoul Special Metropolitan City (hereinafter referred to as the “Seoul Metropolitan City”) shall:

2) D Private Investment Facility Project implemented by the Corporation (hereinafter referred to as “instant project”).

(2) On May 12, 2010, Defendant A, a special purpose corporation, established Defendant A (representative director C) to participate in the instant project. (2) On November 17, 2010, Defendant A entered into a concession agreement with Seoul Government on the instant project (hereinafter “instant concession agreement”) and acquired business rights.

B. Article 1 (Lease) of the Plaintiff’s acquisition of shares of this case loans KRW 100 million to Defendant B at the same time as this Agreement was concluded with regard to performance hall creation projects promoted by Defendant B to Dobong-gu Seoul Metropolitan Government.

Article 2 (Grant of Preferential Negotiations) (1) In return for the lending of money under Article 1, Defendant B shall grant the Plaintiff preferential bargaining rights related to the lease contract for a neighborhood living store to be created in the future of the relevant performance hall.

(2) Items to be handled by the relevant store shall be currently in operation of the plaintiff, and the lease area and conditions of the neighborhood living facilities located on the fourth floor of the large performance hall shall be determined by mutual consent of both doctors later.

Article 3 (Redemption) (1) In cases where the conditions of paragraphs (1) and (2) of Article 2 are not established by June 30, 2010, Defendant B shall apply the interest rate of 10% to the number of days exceeding the number of days exceeding June 30, 2010, and it shall be deemed that there is no interest in the case of repayment before it.

② When the establishment of a corporation and the acquisition of business rights by Seoul Metropolitan Government are completed, Defendant B’s share secured by the above loans should be transferred to the Plaintiff or repaid the loan amount as soon as possible.

(2) in the event of repayment of the loan.

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