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(영문) 서울서부지방법원 2018.08.30 2017나3967
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On June 3, 2015, the Plaintiff: (a) transferred 46,00 shares, all of the shares of C and D Co., Ltd. (hereinafter “C”) to C, a total of KRW 1,840,000 (the per share transfer value of KRW 40 per share); (b) the transfer becomes effective on the contractual date; and (c) entered into a “stock transfer contract” with the content that C shall pay the transfer price within one month from the date of transfer.

B. On April 22, 2016, C deposited the deposited amount of KRW 1,840,000 with the deposited amount as the Plaintiff as the lower court for the first time branch of the Chuncheon District Court for the year 2016-20,000. On April 25, 2016, C filed a lawsuit against the instant company and the Plaintiff as the co-defendant for the performance of the obligations under the said share transfer contract, such as the performance of change of entry into the register of shareholders, seeking the performance of obligations under the said share transfer contract.

C. On June 22, 2016, the Plaintiff and C entered into a contract for the transfer of shares and management rights of the instant company (hereinafter “instant contract”), which includes the following (hereinafter “instant contract”), and the Defendant guaranteed C’s contractual obligations.

Article 2 (Transfer of Stocks) (1) As of June 22, 2016, the Plaintiff confirms that as of June 22, 2016, the acquisition of shares by June 3, 2015, concluded with C with C had already been transferred to C by contract.

② Upon entering into this contract, the Plaintiff shall prepare a letter of delegation of notification of the transfer of shares for the shares mentioned in paragraph (1) above and have F, an agent for the notification of transfer, send the notice of the transfer of shares to the instant company by mail proving the contents of the transfer. In addition, the Plaintiff shall complete the transfer procedure for changing the name of the shareholder as its representative director C promptly.

Article 3 (Duty to Transfer Goods and Documents of Company) The Plaintiff shall, upon entering into this Agreement, transfer to C the following goods and documents necessary for C to acquire and manage the Company of this case:

1. Three copies of the Plaintiff’s personal seal impression and personal seal impression for the representative director of the instant company;

2. The corporate seal and official seal of the instant company.

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