(영문) 서울중앙지방법원 2018.01.25 2016가합546925

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(영문) 서울중앙지방법원 2018.01.25 2016가합546925

주식양도대금청구

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1. The Defendants shall jointly and severally serve as the Plaintiff KRW 10,339,356,358 and as a result, from August 28, 2015 to September 1, 2016.

Reasons

1. Basic facts

A. On May 18, 2015, the Plaintiff entered into a contract for acquisition of shares and management rights (hereinafter “instant contract”) with a purchaser to sell management rights of 1,396,378 shares issued by the Plaintiff to E Co., Ltd. (hereinafter “E”) (hereinafter “E”) and E for purchase price of 23.5 billion won as follows.

In the contract of this case made at the time, the Plaintiff refers to the seller, “Defendant B, and other Defendant C (hereinafter “Defendant C”) as the buyer. The name of the Defendant B was stated in the lower part of the contract of this case, and Defendant B’s personal seal was affixed next thereto. The name of the Defendant B was stated in the lower part of the contract of this case, and the name of the Defendant Company was stated next, and the name of the Defendant Company was stated in the name of the Defendant Company and the personal seal of F, the representative director of the Defendant Company, at the time

1. The buyer, at the same time, has entered into this contract and at the same time 23.5 billion won as the down payment, 2.35 billion won as the down payment, 9.47 billion won as the first intermediate payment, 1.3 billion won as part of the interest part, and 1.3 billion won as the down payment to law firms.

The buyer shall pay 12 billion won to the seller within five business days after the completion of the registration of the management manager, and at the same time the seller shall transfer 62,313 shares equivalent to 120/253 of the shares of this case to the account of the securities company designated by the buyer, or shall deliver them to the buyer in real.

2. The buyer shall: (i) the seller shall convene a temporary shareholders' meeting in accordance with the provisions of this Agreement; and (ii) the buyer shall appoint all the agenda items designated by the buyer at the temporary shareholders' meeting and register the appointment of executive officers as E; and (iii) the E shall resign from office as of the date of the conclusion of this Agreement; and

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