(영문) 서울중앙지방법원 2015.11.04 2014가합22746

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(영문) 서울중앙지방법원 2015.11.04 2014가합22746

손해배상(기)

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1. The Defendant (Counterclaim Plaintiff) B, C, and D jointly share to the Plaintiff (Counterclaim Defendant) for KRW 220,000,000 and their amount.

Reasons

1. Facts of recognition;

A. Defendant B is a shareholder and representative director of F Co., Ltd. (hereinafter “F”) engaged in the business of wholesale and retail business of beauty art materials, the NA-cosmetic shop operation business, etc., and Defendant C and D are F’s shareholders, and Defendant E is a joint business owner of H “H” (hereinafter “H”) of the Gangnam-gu Seoul Metropolitan Government G ground-based 2nd floor operated by Defendant B.

B. On December 22, 2010, the Plaintiff and beautiful corporation, Inc. (hereinafter “Ieman”) entered into a share transfer agreement and a business transfer agreement (hereinafter “instant contract”) with Defendant B, etc. on the following terms. The end of the said contract includes the Defendants’ respective addresses, names, and trade names, etc. as the contractor, including Defendant B, and the seal of each nominal owner is affixed thereon.

1.F issued 10,00 common shares with a face value of 5,000 per share as of the date of this contract.

2. Defendant B, C, and D (hereinafter “Defendant B and two others”) intend to transfer 10,00 shares (hereinafter “stocks subject to transfer”) equivalent to 100% of the total number of the F issued stocks owned by the transferor.

3. Defendant B and E (hereinafter “Defendant B and one other”) intend to transfer H owned by an individual.

4. The Plaintiff seeks to purchase shares subject to transfer from Defendant B and two others in accordance with the terms and conditions of this contract.

5.In accordance with the terms and conditions of this contract, Defendant B and one other shall take over the name of the lease contract and the place of business.

(1) The Plaintiff shall pay 50,000,000 won in total to Defendant B and 2 as set forth in the following sub-paragraph (3) for the acquisition by transfer, which is calculated by adding 5,000 won per share to the price for all stocks subject to transfer.

(2) The total amount of the transfer price of beautiful Ba shall be KRW 130,000,000 shall be paid to Defendant B and one other in accordance with the methods set forth in the following subparagraphs:

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