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(영문) 서울중앙지방법원 2016.01.28 2015가합519766
위약금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 3, 2014, the Plaintiff agreed with the Defendant on the shares of C Co., Ltd. (hereinafter “C”) (hereinafter “instant shares”) (hereinafter “instant shares”) as follows:

(2) On January 1, 200, the Plaintiff and the Plaintiff (hereinafter referred to as “this case’s agreement”) signed a contract for acquisition of shares of KRW 120,00,000 (hereinafter referred to as “this case’s acquisition of shares”) between the Plaintiff and the Defendant and the Plaintiff (hereinafter referred to as “this case’s agreement”) of acquisition of shares of KRW 120,00,00 through appraisal of stock value among the registered common shares issued by the Plaintiff.

2. The Defendant and the Plaintiff: (a) conducted the appraisal of the value of the shares acquired by transfer from November 10, 2014 to November 11, 201; (b) determined the number of shares subject to acquisition even until November 12, 2014; and (c) concluded this case’s share acquisition agreement.

3. Payment of a stock price and transfer of ownership under this case’s acquisition of stocks shall be made on November 21, 201.

Where the defendant or the plaintiff fails to perform the stock acquisition agreement of this case, 500,000,000 won shall be paid to the other party as penalty.

4. The transferee of this case shall have the right to request the plaintiff or C to acquire the shares of this case as acquisition value from the date on which 3 years have elapsed since the date of conclusion of the contract for acquisition of the shares of this case.

B. The defendant requested the Felim Accounting Corporation to assess the value of the shares of this case.

Felim accounting corporation assessed only the manufacture and sales sector of halog lamps for automobiles except for the portion of C's plant plant business on the grounds of window dressing accounting, etc., but the value of the stocks was assessed as math (-).

C. Accordingly, the Defendant refused to conclude the “this case’s stock acquisition agreement” under the instant agreement, and did not pay the purchase price of the shares.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3, 4, and 14 (including provisional numbers, hereinafter the same shall apply), and the purport of the whole pleadings.

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