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(영문) 서울고등법원 2016.04.15 2015나2046261
주식매매대금 등
Text

1. Each appeal against the instant principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is filed.

Reasons

1. The following facts may be found either in dispute between us, or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 4, 12, Eul evidence Nos. 1 to 4, Eul evidence Nos. 7 and 8, and 7 and 8.

F Company F’s establishment and transfer of shares 1) Company F (“F”) was changed on April 26, 2013 into “Company G”;

hereinafter referred to as “F”);

(1) On May 6, 201, Plaintiff B’s husband, who is the shareholder of Plaintiff A and H, and F. The purpose of the joint establishment of Plaintiff E is to manufacture and sell (unclaimed processing) precise devices. As of December 31, 201, the F, the number of shares held on the shareholder registry is as shown below [Attachment 1]. The number of shares held on the shareholder registry is 13,809,600,000, 13,000, 13,000, 13, 13,800, 600, 600, 63, 600, 600, 600, 300, 200, 300, 306, 200, 306, 200, 300, 200, 2006, 300, 2005, 306, 2005, 2006, 2000.

On September 1, 2012, the Plaintiffs concluded a contract under which the Defendants and J sell F’s shares of KRW 27,600 to KRW 384,935,977 (hereinafter “instant contract”).

The contract of this case is defined as follows with respect to the payment method, validity of the contract, etc.

Article 1 (Conditions of Transaction)

1. The class and number of stocks to be traded shall be as follows:

1) Issuing Company: F2) Total number of issued stocks: 60,000 per share value: 5,000 won per share: 27,600 shares (the purchase price referred to in Article 1 of the sale price shall be calculated by multiplying the net asset value calculated by evaluating assets and liabilities as of August 31, 2012 by the equity ratio of the seller of stocks; and the list of assets and liabilities for calculating the sale price and the calculation method of net asset value shall be made.

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