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(영문) 울산지방법원 2016.07.14 2015가합2962
손해배상(기) 등
Text

1. The Defendants are jointly and severally and severally liable for the payment of KRW 392,317,276 to Plaintiff A Co., Ltd. as well as for the payment thereof from September 15, 2015 to July 14, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff A Co., Ltd. (hereinafter “A”) entered into a contract with E and F on June 23, 2014, under which the Plaintiff Company G (hereinafter “G”) and Defendant C (hereinafter “H”) transfer the shares and right of management of H (the trade name before the modification: I; hereinafter “H”) and entered into the agreement with the following content (hereinafter “instant agreement”).

The management rights of A representative director B, E, and F (hereinafter referred to as “A”) and all shares issued by the company are G representative director J and C.

1. The terms and conditions of stock acquisition and the total number and amount of shares I issued by the company issuing the subject-matter 150,000 shares / the total par value / 1,500,000 shares / the total value / 150,00 shares / 1,350,000 shares / 1,00 shares / 100 shares / 1,350,000 shares per share / 39,00 (won) shares / 9,000 shares / shares 100 shares per share (A 84.6%/ E 6.67% / F.67% shares / f.67%

2. “A” and “B” shall pay the share price to an account designated by “A” pursuant to paragraph (1) after signing and sealing the name and seal of “B” and “B”, on June 2014.

5. Upon the change of the representative director after the transfer of shares, the representative director of an individual and A’s joint venture for loans under the name of the Korea Credit Guarantee Fund shall provide joint and several surety for the loans of KRW 1,500,000,000,000, by December 31, 2014, and the other financial liabilities industry Bank Gwangju Branch of the Korea Finance and Industry Bank, Gwangju Branch of the Enterprise Bank of the Enterprise Bank, Gyeongnam Bank Small and Medium Enterprise Center of the Gyeongnam Bank, and New Capital, shall cancel joint and several surety until October 31, 2014, and “B” shall be liable for damages to “A”.

B. In order to ensure the implementation of the above Agreement on June 24, 2014, Plaintiff A and G drafted a special agreement, and Defendant D signed and sealed as joint and several sureties.

A Special Agreement No. 5 of the Agreement (Agreement) shall be implemented within the commitment date, and if the implementation of the Agreement is not possible, damage A shall occur to A.

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