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(영문) 서울고등법원 2015.06.09 2014나20112
약정금 및 손해배상
Text

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

Defendant KRW 431,140,400 to Plaintiff A, and KRW 32,376,00 to Plaintiff B.

Reasons

1. Basic facts

A. Conclusion of a partnership agreement between the plaintiff A and the defendant 1) D (D.; hereinafter referred to as "foreign company") operated by the defendant as a corporation located in the United States.

(2) On June 24, 201, Plaintiff A invested US dollars 200,000 in the Defendant’s business of producing fresh-to-land strengthening (hereinafter omitted) and entered into a stock acquisition contract with the Defendant to acquire 40% of the shares of the non-party company from the Defendant (hereinafter “instant partnership contract”). The main contents of the said stock acquisition contract and the stockholders’ agreement entered into on the same day (hereinafter “instant subsidiary agreement”) are as follows: (a) Plaintiff A accepts 40,000 US dollars per share from the Defendant and 20,000 US dollars in total.

An agreement between stockholders (this case’s annexed agreement)

J. The defendant confirms that the non-party company holds 100% shares of E, a Korean company located in which the products will be manufactured and exported.

L. If the non-party company exports products to E, etc., the export price should be at least 140% of the manufacturing cost (raw materials and packaging cost) of the products.

M. The defendant guarantees the performance of E to the plaintiff A and the non-party company

(3) Around that time, Plaintiff A paid 200,000 US dollars to the Defendant, and thereafter operated the non-party company with the Defendant. (b) The Defendant issued the Defendant’s check with the Plaintiff as the addressee: (a) USD 18,250 on August 19, 201; (b) on the part of the drawee, the check with the Bank of Korea (A; hereinafter “1 check”); (c) USD 30,00 on January 30, 201; (d) on the part of the drawee; (e) on the part of the drawee; (e) on the part of the drawee; (e) on the part of the drawee, the check with the Han America Bank (A; hereinafter “B Check”); (e) USD 130,000 on April 1, 2012; and (e) on the part of the drawee (A); and (e) on April 27, 2012, on the part of the drawee, the check with the Plaintiff No. 3030,4.

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