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(영문) 서울중앙지방법원 2015.09.10 2015가합523383
주식매매대금
Text

1. The defendant shall pay to the plaintiff A KRW 208,00,000, and KRW 200,000 to the plaintiff B, respectively.

2. The plaintiffs remaining.

Reasons

1. Facts of recognition;

A. On July 1, 2011, Plaintiff A acquired 208 shares of E from D in KRW 14 billion. At the time, Plaintiff A and D agreed to re-purchase the shares in KRW 750,000 per share until the end of July 2014 when Plaintiff A requested D to purchase the shares so acquired, Plaintiff A and D agreed to purchase the shares in KRW 750,000 per share (so called “the so-called “the so-called “the so-called uyBckop”).

B. On August 1, 2011, Plaintiff B acquired 200 shares of E from D in KRW 100 million. At the time, Plaintiff B and D agreed to re-purchase KRW 750,00 per share until the end of July 2014 when Plaintiff B requested D to purchase shares that were acquired as above.

C. On November 28, 2012, the Defendant acquired the entire shares of Company E owned by D from D from November 28, 2012, and at the same time, acquired D’s obligations under the bareboat options agreement between the Plaintiffs and D.

After acquiring the obligation of D with respect to the Plaintiffs on December 1, 2012, the Defendant proposed four options to the Plaintiffs holding the right to request the purchase of shares in accordance with the B/L options agreement at the temporary general meeting of shareholders of E Co., Ltd. held on December 1, 2012. Of these three options, the content of the three proposals was “to receive KRW 1 million per share in return for transferring the shares under the B/L options agreement to the Defendant on December 12, 2014.”

E. On December 9, 2014, the Plaintiffs expressed their intent to select the said three bills to the Defendant, and requested that the Defendant pay KRW 1 million per share until December 12, 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff A KRW 28 million (=208 note x one million) and KRW 200 million to the Plaintiff B (=200 note x one million) respectively.

On the other hand, the plaintiffs also claim damages for delay against each of the above money, but the plaintiffs' shares are the defendant.

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