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(영문) 서울고등법원 2010.04.09 2009나32197
위약금 등
Text

1. All of the appeals filed by Plaintiff B and the appeals filed by Defendant D Co., Ltd. and the claims filed by Plaintiff B expanded in the trial.

Reasons

1. Facts of recognition;

A. On July 13, 2007, Plaintiff B drafted a business takeover agreement and a transaction agreement on behalf of Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and 83,000 shares of Defendant Co., Ltd. (hereinafter “G”) (the total number of shares issued at that time was 8,140 shares of G. The total number of shares issued at that time was 83,000 shares. Plaintiff B, among them, 48,140 shares, Plaintiff A, 19,920 shares, and Plaintiff C’s 14,940 shares), 50 percent of the shares of Plaintiff Co., Ltd. (the total number of shares issued at that time was owned by Plaintiffs, including Plaintiff A, 14,940 shares, and Plaintiff C, 14,940 shares) were transferred 142,843,00 won of the shares issued at that time to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”). and Plaintiff Co., Ltd drafted a transaction agreement with each of this case (hereinafter “Co.”).

(1) Article 1 of the Agreement on Business Acquisition (Subject to the Purchase Agreement)

1. All rights and duties dependent on the management rights and management rights of G;

2. Article 3 (Sales Price) of the face value of 142,843,00 won in common shares of 41,500 shares issued by the Plaintiff-owned G.

1. In principle, G’s management right and the purchase price for shares (ordinary shares 41,500 shares) shall be KRW 142,843,000 (142,843,000) per gold day;

2. Where the total amount of capital is reduced as a result of a basic laboratory and a detailed laboratory, the amount obtained by subtracting such reduced amount;

Article 4 (Payment of Contract Deposit and Delivery of Shares)

1. Upon entering into this Framework Agreement, the Defendant Company shall pay the Plaintiff B a down payment of KRW 51,423,480,000,000,000 (51,423,480).

2. The Plaintiff B shall deliver to the Defendant all documents necessary for the change of ownership of the G shares and 14,940 shares, simultaneously with the receipt of down payment.

V.(Basic History)

1. The defendant company shall carry out a basic death to identify the assets and liabilities of G.

3. The scope of master craftsmen shall be determined by the defendant company.

4. The duration of the master death shall be two weeks.

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