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(영문) 수원지방법원 2018.01.12 2017가합424
주식양도대금
Text

1. The defendant shall pay to the plaintiff KRW 933,00,000 as well as KRW 335,00,000 among them, from January 6, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the representative director and the largest shareholder of Co., Ltd. (hereinafter “C”), a local press company, and the Defendant is the representative director of D Co., Ltd., a constructor.

B. On March 31, 2010, the Defendant entered into a share acquisition agreement with the Plaintiff, whereby the Defendant would pay KRW 200 million by April 10, 2010 and KRW 600 million by April 30, 2010 (hereinafter “instant share acquisition agreement”).

C. The Defendant paid to the Plaintiff KRW 365 million out of the above purchase price, and issued electronic bills with face value KRW 200 million on January 17, 2011, the payment date of which was January 17, 201, and electronic bills with face value KRW 100 million on February 17, 201, the payment date of which was February 17, 201, and the electronic bills with face value KRW 135 million on February 17, 2012, and the due date of which was February 17, 2012.

On January 12, 2012, the Defendant expressed to the Plaintiff the intent to terminate the instant share acquisition contract on the grounds that financial standing is difficult, and on January 17, 2012, the Defendant reported the acquisition of electronic bills causing 200 million won at face value.

E. After January 18, 2012, the Defendant agreed with the Plaintiff with the following content, and paid KRW 100 million to the Plaintiff.

1. On January 12, 2012, the defendant revoked the notice of termination of the instant share acquisition contract.

2. The Plaintiff shall refund the electronic bill already paid by the Defendant simultaneously with this agreement.

3. The amount of KRW 435 million in the balance of the purchase price as of the date shall be paid in KRW 100,000,000 at the same time as the collection of the issued bill on the gold-day and shall be paid in KRW 100,000 on March 7, 2012, and shall be paid in KRW 235,00,000 on July 17, 2012.

F. On January 31, 2012, the Plaintiff and the Defendant agreed to invalidate the agreement on January 18, 2012, and again agreed to the following (hereinafter “instant agreement”).

1. The Defendant shall pay 100 million won out of the current balance of KRW 335 million to March 7, 2012, and shall be paid in March 7, 2012.

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