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(영문) 대전지방법원 2019.10.02 2018가합102601
주식 매매대금 등 청구의 소
Text

1. Defendant B’s KRW 2,067,021,510 as well as 5% per annum from October 8, 2015 to October 2, 2019.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established for the purpose of tourist accommodation business, tourist-use facility business, etc., and both Plaintiff and D, E, F, G, H, H, and I (hereinafter collectively referred to as “Plaintiff, etc.”) are the shareholders of the said company.

B. On September 11, 2015, Defendant B entered into a contract for stock transfer/acquisition with the Plaintiff, etc. on the total outstanding shares (total amount of 3,793,133 shares) of Defendant Company with the Plaintiff, etc. with the purchase price of at least 30 billion won, and the details thereof are as follows.

(hereinafter “instant contract”). Article 2 (Sale Price)

2. Contract deposit and payment date: 1.5 billion won on September 1, 2015.

3. Time for intermediate payment and payment: Three billion won on September 15, 2015.

4. Balance and date of payment: on October 7, 2015, the amount equivalent to the bank debts of the target company (the end of the Defendant company) calculated by adding or deducting the amount equivalent to such standards based on the bank debts increased or decreased by agreement with Party A (the end of the Defendant company) based on the actual inspection conducted by Party B (the end of the Defendant Company) by the date of payment of the balance shall be added or subtracted from the balance of the purchase price;

5. A shall, at the same time with the payment of the remaining purchase and sale from B, repay the secured debt of the J Bank’s J Bank’s real estate as well as the secured debt of the astronomical Sea, and cancel the registration of establishment of a mortgage of each of the above units.

§ 3. Transfer of shares

1. A shall enter a change in the register of shareholders as to shares equivalent to 60% of the total number of issued and outstanding shares of a target company immediately after receiving the balance from B;

2. The remaining shares remaining after the transfer of a holder is completed pursuant to the above paragraph (1) shall be the period at which a transfer of a holder is made by Gap after the lapse of the carryover period of August 31, 2018 (the point at which the carryover period of taxation of A is completed).

(hereinafter hereinafter referred to as "the contract deposit" in Article 7 (other) is to substitute 1.5 billion won out of the amount loaned by E from B as the contract deposit.

C. The Plaintiff et al. possessed from December 24, 2015 to March 27, 2017.

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