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(영문) 서울남부지방법원 2015.10.30 2015가합100526
주식양도대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Article 3 [Transfer Price] The amount that the transferee pays as the share price shall be 3,200,077,470 won in total, calculated as the sum of the defendant's bonds with warrants of 2.9 billion won and cash of 300,007,470 won.

Article 4 [Payment of Transfer Price, Delivery of Share Certificates, etc.]

1. The transferee shall issue bonds with warrants on February 3, 2014 and pay 2.9 billion won to the transferor on February 10, 2014 without down payment of the transfer proceeds under Article 3 at the same time as this contract is concluded, and shall pay the remainder of cash until February 10, 2014.

2. If the transferor requires the cooperation of the transferor, if the transferor has completed any transfer procedures pursuant to the articles of incorporation for the shares transferred, by the transferee or the person designated by the transferee, he shall provide the necessary cooperation.

On February 2014, the original Defendant concluded a share sales contract for 37,679 shares of registered common shares of C Co., Ltd. (hereinafter “C”).

(hereinafter “instant sales contract”). The date of conclusion of the instant sales contract is indicated retroactively as of January 29, 2014, and the content of the transfer price among the instant sales contract is as follows.

B. On February 10, 2014, the Defendant paid KRW 300,077,470 to the Plaintiff the down payment of the instant sales contract.

C. Around the time of the conclusion of the instant contract for the purchase of shares, a contract for the purchase of bonds with warrants signed on February 3, 2014 on the fourth 29 of the Defendant’s 2.9 billion won in total face value among the original Defendant on February 3, 2014 (hereinafter “instant bonds”). The main contents are as follows.

(hereinafter referred to as "Issuance and Subscription of Bonds" (1) The defendant shall issue the Bonds under the following terms and conditions, and the plaintiff shall underwrite the total amount of the Bonds:

8. The issue value of this bond shall be the amount equivalent to 100 per cent of the face value of this bond.

9. Method of Issuance of this Bonds: 10. The interest rate of this Bonds: 3% per annum on surface interest rate, 6% per annum on surface interest rate, and interest rate per annum on early redemption.

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