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Reasons
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(영문) 수원지방법원안양지원 2019.08.22 2019가합100313
보증채무금
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1. The defendant shall pay 5,477,200,000 won to the plaintiff and 25% per annum from September 16, 2017 to the day of full payment.

Reasons

1. Stocks subject to sale and purchase under Article 2 (Recognition of Recognition)

(a) Class of shares: Ordinary shares issued by D;

(b) Par value per share: 500 won;

(c) Transfer value per stock: 5,430 won;

(d) Number of shares traded: 1,957,982 shares;

(e) Sales amount - 2,00,000 won - The first intermediate payment of KRW 1,350,000 - The second intermediate payment of KRW 1,920,000 - The remainder of KRW 5,361,842,260 - The total sales amount of KRW 5,361,842,260 - The sales amount of KRW 10,631,842,260 shall be paid to the Plaintiff as follows:

The down payment shall be paid to the plaintiff simultaneously with this contract.

B. The first intermediate shall be paid to the Plaintiff by March 17, 2017, and the second intermediate shall be paid to the Plaintiff by March 28, 2017.

C. The balance shall be issued by C on March 28, 2017 to the Plaintiff.

Bills shall expire on May 28, 2017 (two months from the date of the contract), and shall be extended only once under mutual consultation.

The amount of promissory notes issued shall be KRW 5,403,060,000, including interest rate of 4.6% per annum.

Article 4 (Transfer and Delivery of Share Certificates) The Plaintiff simultaneously transfers shares subject to sale under Article 2 to C at the time of receiving the price under each subparagraph of Article 3.

On March 24, 2017, the Plaintiff entered into a share transfer agreement (hereinafter “instant share transfer agreement”) with C to transfer KRW 10,631,842,260 of common shares issued by D Co., Ltd. (hereinafter “instant shares”) and the main contents thereof are as follows.

B. Pursuant to the instant transfer agreement, the Plaintiff received the down payment of KRW 2,00,000,000 from C, the first intermediate payment of KRW 1,350,000,000, and the second intermediate payment of KRW 1,920,00,000 from C, and issued the share certificates of the instant shares on March 28, 2017.

1. C shall pay a total of KRW 5,443,90,000 (including annual interest rate of KRW 4.6% due to non-performance of Article 3 of the instant acquisition agreement) to the Plaintiff by September 15, 2017, among any balance due under the instant acquisition agreement, and shall apply 25% per annum for overdue interest at the time of arrears.

3. Any balance of KRW 5,443,900,000 shall be July 14, 2017.

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