(영문) 수원지방법원 2017.10.24 2016가합75384

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(영문) 수원지방법원 2017.10.24 2016가합75384

매매대금

Text

1. The Plaintiff (Counterclaim Defendant) simultaneously with the delivery of 50,00 share certificates of C by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Status 1 of the party concerned is the Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”).

D Golf course (hereinafter “instant golf course”)

(1) A corporation operating C (hereinafter “foreign corporation”)

The representative director of the non-party company held 20,000 shares in the name of 50,000 shares issued by the non-party company and 15,00 shares in the name of 20,00 shares issued by the non-party company and 15,00 shares in the name of her child. 2) The defendant (the non-party Counterclaim; hereinafter referred to as the "defendant") between the plaintiff and the

As stated in paragraph (1), a person who entered into a contract with the Plaintiff for the acquisition of the right to operate the golf course in this case.

B. On June 21, 2013, the Plaintiff entered into a contract with the Defendant on June 21, 2013, with respect to the sale and purchase of the instant golf course of the non-party company and its business, the Plaintiff offered 20,000 shares of the non-party company as security, and the Defendant paid 200,000,000 won for the acquisition purpose of the non-party company. The total acquisition price of the non-party company is within the limit of 29,000,000 to 30,000,000 won. On June 22, 2013, the Plaintiff received 200,000,000 won as down payment from the Defendant as down payment, and thereafter, the Plaintiff and the Defendant again entered into a contract with the Defendant on October 27, 2013 as follows (hereinafter “instant contract”). The Defendant transferred the shares of the non-party company to the Defendant at the time of the transfer to the non-party company’s shareholder registry.

[This case's contract] The plaintiff shall enter into the following contract with the defendant to delegate all matters related to the golf course management and the right to operate the golf course to the defendant.

Article 1 The plaintiff provides the defendant with 35,00 shares and 15,000 shares of the other shares as security for the non-party company.

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