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(영문) 서울중앙지방법원 2016.11.25 2015가합539074
위약금 청구의 소
Text

1. The defendant shall pay 1,00,000,000 won to the plaintiff and 15% per annum from December 5, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative director of C Co., Ltd (formerly: D Co., Ltd., E, and hereinafter “C”) established for the purpose of manufacturing and selling satellite broadcasting communications equipment, etc., regardless of the trade name at the time of change.

B. 1) When the capital erosion ratio of C, which was held by a corporation listed in the KOSDAQ-based KOSDAQ in 2013, exceeds 50%, the Korea Exchange designated C as management issues on this ground. Article 4 / [Investment Costs] The total amount of the investment proceeds is KRW 600 million by means of small public offering and KRW 3.6 billion in addition, the total amount is KRW 3.6 billion.6 billion. Article 5 / [Procedure for Payment of Investment Price] “B (Defendant et al.)” (Defendant et al.) shall make an investment within one month after the conclusion of this Agreement, and the balance is KRW 1 billion in accordance with the schedule of Section 6.

1. The term "B" shall inspect the basic history of a company (C) in order to ascertain the assets and liabilities of the company (C);

2. “B” shall be inspected on the basis of the standard balance sheet, and may be actual inspection of all accounts on the balance sheet;

Article 7 (Cooperation in Actual Affairs)

1. The term "A" shall, where "A" is requested, take measures to have an executive or employee of the "company" cooperate in the verification service;

Article 8 (Duties of A)

3."A" shall convene a special general meeting of shareholders at the same time as this Agreement is concluded so that three directors may be appointed at the special general meeting of shareholders, and at the same time other than "A" shall resign from all the registered directors;

Article 9 [Obligation to Comply with B]

1. The term "B" shall carry out matters under Article 5;

2. B shall pay the amount of KRW 200 million to the "A" through a resolution of the board of directors immediately after the end of a special general meeting of shareholders of "B", which is composed of the board of directors of "B"

3. The term "B" shall pay the amount of KRW 300 million prior to his/her resignation at the time the "A" dissatising the management issues and ventilation issues of the company;

4. “B” means that “after a designated person has been appointed as a registry of the Company “,” the Company “ will pay 600 million won in value to “A”.

6. “B” shall be KRW 3 billion.

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