(영문) 서울중앙지방법원 2019.04.25 2018가합544503

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(영문) 서울중앙지방법원 2019.04.25 2018가합544503

주식매매대금청구

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1. The defendant is at 1,015,639 shares in the name of the plaintiff among common shares issued in D issuance Co., Ltd. (500 won per share) from the plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is the representative of Nonparty E, the purpose of which is to develop, manufacture, distribute, maintain and repair software. 2) The Plaintiff is a corporation whose business is to develop, manufacture, distribute, maintain and repair software. 2) The Plaintiff is a corporation whose business is to engage in credit card value-added network business as provided by Article 2 subparag. 8-2 of the Specialized Credit Finance Business Act.

B. On October 31, 2014, the Plaintiff and the Defendant concluded a sales contract for the shares issued by each subject company with shareholders of each subject company, and concluded a sales contract for the shares issued by the subject company on December 18, 2014 between both parties (hereinafter “instant contract”).

1. The parties to a joint investment 1.1 agree to purchase the total of 9,480,00 shares of the common shares issued by the subject company (as of October 31, 2014, and as of December 18, 2014, the total of 500 shares issued by the subject company (as of December 18, 2014, approximately 91.15% of the total number of shares issued by the subject company) by concluding a contract for the purchase of shares as of October 31, 201 and a contract for the closure of transaction as of December 18, 2014.

1.2 Subject to the acquisition of governmental authorization required by the relevant laws and regulations, the Parties shall require the subject company to purchase G Software in KRW 1 billion from Limited Liability Company F and to transfer the relevant personnel to the subject company within 30 days from the date of entry into force of this Agreement, and (ii) issue to the Plaintiff the total of KRW 31,515 shares of the common shares of the subject company in KRW 3,173.08 per share in KRW 9,99,616.

5. Subject to the requirement of listing, the Parties shall cooperate to the maximum extent possible in listing the shares of the Company within three years from the date of entry into force of this Agreement (hereinafter referred to as “the time limit for listing”):

(1) The public offering price per share shall be KRW 3,173.08 per share and this shall apply to the public offering price for listing.

참조조문

-여신전문금융업법 제2조 제8호의2

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