logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.05 2016가합510186
계약금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 15% per annum from April 16, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff (a corporation Dong-dong, Inc., Dong-dong, Inc., combined with Dong-dong, Ltd., and changed the name of the Plaintiff; hereinafter “Plaintiff”) is a corporation with the purpose of environmental pollution prevention facility business (air, water quality, noise, vibration, etc.).

B. On August 17, 2011, the Defendant entered into a stock and management right acquisition agreement (hereinafter “instant basic contract”) with D, a shareholder of B Co., Ltd. (hereinafter “Co.”).

Article 2. Subject matter of transfer and sale proceeds

1. The subject matter of acquisition under this Agreement (hereinafter referred to as “subject matter shares”) is a total of KRW 1,220,250-17.64% of the common shares issued by B owned by D (hereinafter referred to as “subject matter shares”).

2. The sale price of stocks and management rights shall be determined by the sum of the stock price and management premium (Won 9,00,000,000,000 won per share, 7,375.54 won per share).

Article 3. Payment of Prices for Management and Stock Transfer and Stock Transfer Price

1. The defendant shall pay D the amount of KRW 900,000 (Won 900,000,000) as down payment to D on the date of the conclusion of this contract, and the amount of KRW 3,100,000 as the first intermediate payment (Won 3,100,000) as

3. The defendant shall pay 3,000,000 won (Won 3,00,000,000) as the second intermediate payment on September 30, 201.

4. The Defendant, during the period from October 31, 201 to November 30, 201, paid to D KRW 200,000 (Won 2,00,000) out of the remainder as of the date agreed with D during the period from October 31, 2011, and at the same time D delivers all documents for the transfer of management rights under this Agreement to the Defendant.

C. On December 5, 2012, the Defendant entered into a contract with the Plaintiff to transfer the status of the transferee of the instant basic contract to the Plaintiff (hereinafter “instant succession contract”) and entered into a “contract for the succession of this contract” with the following content:

Article I of the Agreement for the Succession of this Agreement.

arrow