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(영문) 서울중앙지방법원 2021.01.13 2020가합557687
주식양수도대금 반환 청구의 소
Text

The defendant shall pay 1,20,000,000 won to the plaintiff and 5% per annum from November 20, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The plaintiff is a company established mainly for the purpose of the electrical construction business, etc., and the defendant is the representative director of C (hereinafter "C") and the representative director of C (hereinafter "C"), who is the party's own interest.

Part of C Shares was transferred to the Plaintiff.

B. The Plaintiff and the Defendant’s business agreement and the acquisition of shares also concluded a contract (1) C is a company with specialized technology in the manufacturing of clean air conditioning by developing products combined with air clean function and damp function. The Plaintiff agreed to take over part of the shares owned by the Defendant and pay the capital with the Defendant, thereby establishing and operating a separate selling company. On October 17, 2017, the Plaintiff concluded a business agreement (hereinafter “instant business agreement”) with the following content.

Article 1 (Purpose) of the Work Convention, the objective of this Convention is to acquire part of the issued shares of Company A (hereinafter referred to as “A”) from Company A (hereinafter referred to as “A”), to establish and operate a sales corporation jointly with Company A and B, and to determine each of the rights and obligations related thereto (iii) for the purpose of selling air air conditioning, conditioning, etc. produced by Company C (hereinafter referred to as “C”).

Article 2 (Limit to Acceptance of C Issued Shares) (1) as of the date this Convention was concluded, C has issued registered common shares 1,980,000 shares, and B holds 1,524,600 shares (77%) among them.

(2) B shall decide to transfer to A 495,00 shares (hereinafter referred to as "subject shares") equivalent to 25% shares of C among the shares listed in paragraph (1) that it holds, and shall conclude a separate contract for acquisition of shares for this purpose.

(3) The price for acquisition by transfer of subject stocks shall be KRW 1.2 billion, and where it is confirmed that a significant change has occurred to the assets and liabilities of C as a result of an inspection under Article 3, the amount of acquisition by transfer may be increased or decreased by mutual consent or the number of subject stocks.

(4) Operation C.

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