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(영문) 서울중앙지방법원 2016.06.09 2015가단130265
약정금
Text

1. The Defendant’s KRW 175,00,000 and the Plaintiff’s annual rate of KRW 5% from July 10, 2015 to August 10, 2015.

Reasons

1. The purpose of this Agreement is to determine all matters relating to the acquisition by C of the total number of shares (100%) issued by the defendant, including the defendant's shares held by the plaintiff.

Article 2 (Transfer of Stocks) The Plaintiff shall transfer to C all the shares (whether stock certificates are issued and all the shares issued by the Defendant, regardless of the type of shares, hereinafter referred to as “stocks subject to transfer”) issued by the Defendant.

Article 3 (Transfer Price) (1) The total amount of share transfer price to be paid by C to the Plaintiff as a result of acquiring shares subject to transfer from the Plaintiff shall be KRW 250,00,000.

Article 4 (Payment of Transfer Price and Delivery of Stock Certificates) (1) On May 26, 2014, the Plaintiff confirmed that the Plaintiff was paid KRW 30,000,000 for the down payment of the instant stock transfer contract. At the same time when concluding the instant stock transfer contract, the Defendant shall pay the Plaintiff the remainder of KRW 145,000,000 after deducting the down payment already paid KRW 30,000,000,000, equivalent to KRW 70% of the share transfer price of the instant case, from among the down payment of KRW 175,00,000.

② C shall pay to the Plaintiff the remainder of KRW 75,00,000 (i.e., KRW 250,000,000 x 0.3) and the remainder of KRW 175,000,000,000, which shall be paid to the Plaintiff according to the bond acquisition agreement concluded at the time of the instant share transfer contract, within one month from the date of the conclusion of the instant share transfer contract, and the Plaintiff shall deposit the said amount with the Defendant’s account immediately.

③ The Defendant used the above KRW 175,00,000 deposited by the Plaintiff as the Defendant’s operating fund, etc., and the remainder of the amount calculated by subtracting contingent liabilities, etc. incurred within one year after the deposit shall be paid to the Plaintiff through an agreement with the Plaintiff by one year after the deposit.

(No interest shall accrue). Article 7 (Compensation for Damages against Obligations for Additional Discovery) (1) C shall promptly notify the Plaintiff in writing of the occurrence of any of the following matters other than the details of the additional collection:

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