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(영문) 서울중앙지방법원 2018.02.01 2016가합505283
보증채무금
Text

1. Defendant E’s KRW 3.6 billion to the Intervenor succeeding to the Plaintiff and KRW 5.5% per annum from February 6, 2016 to February 1, 2018.

Reasons

1. Basic facts

A. The Plaintiff (formerly: F) is a company with the objective of investing, etc. in companies subject to restructuring. Defendant D (former trade name: G Co., Ltd.; hereinafter “Defendant Company”) is a company with the objective of manufacturing semiconductor-related equipment and parts, etc., and Defendant E and H (hereinafter “Defendant E, etc.”) are the actual managers of Defendant Company.

B. On June 30, 2014, the Plaintiff entered into a management acquisition agreement between the Plaintiff and Defendant E, etc. with Defendant E, etc. to purchase the management right of the Defendant Company from Defendant E, etc. with the purchase price of KRW 5.6 billion (hereinafter “instant contract”).

A) The Defendant Company and I, the representative director, guaranteed some of the above contracts. The main contents of the instant contract are as follows. Article 1 (Purpose) ② The transferor (Defendant E, etc.) as a party to the instant contract (hereinafter the same shall apply)

(i)the transferee and transferee (referring to the plaintiff, hereinafter the same shall apply);

(i) has fulfilled the terms and conditions agreed upon under this Agreement on the basis of good faith and trust, and the guarantor (the defendant corporation, I means, hereinafter the same shall apply).

(2) The Company is subject to this Agreement (the term “Defendant Company”; hereinafter the same shall apply).

(2) The transferor shall, upon completion of the payment of the down payment under this Agreement, grant the transferee the substantive measures (such as issuance of certificates related to corporate reduction and disclosure, designation of a person responsible for financial/accounting/accounting/public disclosure, relevant registration, etc.) to the transferee so that the transferee’s transfer of rights to the management right of the company subject to this Agreement is completed: Provided, That in relation to the relevant public disclosure, appropriate measures shall be taken in accordance with relevant laws and regulations, etc.

Provided, That 4.6 billion won out of the above transfer price shall be 3.6 billion won at the time of the contract.

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