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Reasons
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(영문) 서울중앙지방법원 2017.05.30 2016가합24623
주식반환청구
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1. The defendant shall have 23,600 shares listed in the separate sheet to the plaintiff A, and 8,400 shares listed in the separate sheet to the plaintiff B.

Reasons

1. Basic facts

A. On March 17, 2016, between the Defendant and the Defendant, the Plaintiffs entered into a contract for acquisition of shares and management rights (hereinafter “instant contract”) with the content that the Plaintiff transferred the management right of the instant company to the Defendant for KRW 4 billion (hereinafter “instant shares”) by 23,600 shares listed in the attached list of the Plaintiff C Co., Ltd. (hereinafter “instant company”) and 8,400 shares listed in the attached list owned by the Plaintiff B (hereinafter “instant shares”), and by transferring the management right of the instant company to the Defendant for KRW 4 billion.

B. On March 17, 2016, the Plaintiffs and the Defendant: (a) determined the terms and conditions of the instant special agreement; and (b) drafted “matters of the instant special agreement under the agreement on acquisition of stocks and management rights in accordance with the said agreement” (hereinafter “instant special agreement”).

The terms of this special agreement shall take precedence over this contract as a special agreement on the acquisition of the shares and management rights between the parties (the plaintiffs, the transferee: the defendant) with respect to the acquisition of the shares and management rights issued by the company of this case.

1. After the conclusion of a contract between the parties concerned, the transferee shall provide support to the company for management stability by April 10, 2016,000 million won;

2. If the subsidy under paragraph (1) is not provided within the given period, the transferor may rescind the acquisition by transfer of the shares and the management rights of the company of this case, and all the expenses incurred therefrom shall be borne by the transferee and the legal liability shall also be borne by the transferee.

C. On May 17, 2016, the Plaintiffs notified the Defendant that the instant contract should be rescinded if the management subsidy set forth in the instant special agreement is not paid by May 25, 2016.

On August 11, 2016, the Plaintiffs notified the Defendant of the cancellation of the instant contract, and served the Defendant at that time.

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