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(영문) 서울중앙지방법원 2018.07.13 2016가합564268
주식매매대금 청구의 소
Text

1. The Defendant calculated 10% per annum on the Plaintiff’s KRW 99,954,640 per annum from October 7, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The conclusion of an investment contract and the payment of investment money 1) Plaintiff (the Plaintiff Company C was changed from January 1, 2016 to the present trade name.

On September 25, 2015, the Defendant (D Co., Ltd.) changed from July 14, 2016 to the present trade name.

(E) The investment contract between E and the Defendant’s largest shareholder and the representative director, and the Plaintiff’s new shares of 51,560 won (=51,560 shares x 19,394 won per share) to acquire the total price of 99,954,640 won (hereinafter “instant investment contract”).

The main contents of the instant investment contract are as follows. Article 2 (1) of the Investment Contract is as follows. On September 25, 2015 or on such date as the Defendant and the Plaintiff may otherwise agree with the Plaintiff, the purchase price of the instant shares shall be deposited in the account of the bank branch designated by the Defendant on the terms and conditions set forth in Article 3 or on such date as the Plaintiff may otherwise agree with the Defendant. In such cases, the acquisition price of the instant shares shall be deemed to have been completed at the time of deposit in the said account, and this day shall be deemed to be “the date of completion of the instant transaction” in the instant investment contract. Article 4 (Statement and Guarantee) and the Defendant E shall ensure that each of the following matters are true and correct from the date of the conclusion of the instant investment contract to the date of completion of the transaction. Article 6 (1) of the instant investment contract may be rescinded by the parties without any liability prior to the completion of the transaction. (b) If one of the parties has agreed to the mutual agreement, either of the parties fails to comply with the terms and conditions set forth in the preceding contract and 15 (3).

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