logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.09.26 2018가합112442
청구이의
Text

1. Of the principal lawsuit of this case, the Seoul East Eastern District Court 2017Gahap1028755 against the Plaintiff (Counterclaim Defendant) of the Defendant C among the principal lawsuit of this case.

Reasons

1. Basic facts

A. On October 21, 2013, the Plaintiff and Simsi C entered into a share acquisition agreement with Defendant B to acquire the shares of F Co., Ltd. (hereinafter “F”) from Defendant E as indicated in the following table.

hereinafter referred to as "first stock acquisition agreement".

(i) Transferee’s transferee of shares of the class and number of shares (2,000 won registered common shares of 7.50,000 won per share) and 20% registered common shares of 1.5 billion won (2,000 won registered common shares of 1.5 billion won per share) and 20% E 1.5 billion won per share;

B. On December 31, 2013, the Plaintiff and D agreed to receive 1,000 shares of F additionally from Defendant B and E, and drafted a new share acquisition agreement as indicated below:

The second stock acquisition agreement is called ‘the second stock acquisition agreement'.

(i) The transferee of the shares in the class and number of shares transferred (30,000 common shares registered as KRW 80,00 per share 30,000 E 240,000 registered common shares with KRW 200,000 registered common shares 20,000 won, Defendant B 160,000 won

C. As of December 31, 2013, the Plaintiff and D transfer of F’s shares from Defendant B and E, and as of December 31, 2013, the F’s list of shareholders (10,000 shares issued) are as listed below.

G 20% of the name shares or equity shares of the position representative director G 20% director H 30% director, Plaintiff 30% director D 20%

D. On March 29, 2017, Defendant B filed a lawsuit against the Plaintiff on March 29, 2017 against the Seoul Eastern District Court 2017Gahap102875, which claimed the payment of share price of KRW 420 million, which is a part of the transfer price under the first stock acquisition agreement of KRW 1.5 billion.

On July 6, 2017, the court rendered a judgment without holding any pleadings that the Plaintiff would pay Defendant B KRW 420 million and damages for delay.

(hereinafter “instant judgment”). The Plaintiff filed an appeal for subsequent completion, but the appellate court rendered a ruling dismissing an appeal on November 2, 2018, and the said ruling became final and conclusive on November 28, 2018.

E. Defendant B, on September 22, 2017, is the executive title of the instant judgment, and as to the Nam-gu International Apartment Co., Ltd., the Plaintiff-owned, the Daegu District Court.

arrow