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(영문) 수원지방법원 성남지원 2017.02.16 2016가합205720
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 23, 2012, between the Plaintiff and D, a written agreement on acquisition of stocks and a subsidiary agreement were formulated as follows, and on the same day, a written agreement on the establishment of a collateral security to secure the payment of a purchase price under the said agreement on acquisition of stocks was prepared.

Article 1 (Definition of Terms) (1) The term "company" means the E (hereinafter referred to as the "E") of the stock acquisition agreement.

The purpose of Article 2(Purpose)(D) is to determine all matters necessary for B (Plaintiff) to acquire the shares issued by “A” owned by “A” (D).

Article 3 (Subject-Matter of Transfer) Section 4 (Payment of Sale Price)(1) “B” shall pay to “A” the purchase price of KRW 5 billion (22,2222 won/1 share) on the date of this Agreement ( July 23, 2012), 225,00 shares (hereinafter referred to as “transaction shares”) owned by “A” among registered common shares issued by “A”.

Provided, That “B” may establish a collateral security of KRW 5 billion with the bonds of KRW A as the bond holder at the location of the land owned by “B” and may substitute for the payment of the purchase price.

(c) “B” shall pay 5 billion won to “A” by August 10, 2012, and “A” shall terminate the collateral security under paragraph (1) of this Article.

Article 5 (Delivery and Change of holders of Share Certificates) (1) The term "company" is not issuing share certificates as of the date of this contract, and therefore the term "B" shall be deemed to have fulfilled the obligation to create a collateral security in accordance with Article 4 of the "this Agreement" and the share certificates have been delivered.

(2) Accordingly, the “company” shall issue a register of shareholders and a certificate of non-issuance of a share in the name of “B” to confirm that the “share” has been changed, and shall notify in writing that the subject matter of the transfer has been changed in the name of “B”.

Article 6 (Tax and Public Charges) Taxes or public charges imposed on each party due to the "this Agreement" is justified.

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