(영문) 서울중앙지방법원 2017.07.06 2015가합559573

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(영문) 서울중앙지방법원 2017.07.06 2015가합559573

손해배상(기)

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1. Defendant B and C jointly share KRW 71,00,000 to the Plaintiff and Defendant C with respect thereto from October 13, 2015.

Reasons

1. Basic facts

A. The representative director of D Co., Ltd. (hereinafter “instant company”), and E held 17,500 shares (50%) of registered common shares issued by D Co., Ltd. as director of the instant company (hereinafter “instant shares”), respectively.

Plaintiff

On March 12, 2015, E entered into a contract for transferring the shares and management rights of the instant company to Defendant B and C (hereinafter “instant transfer agreement”) and the specific contents of the contract are as follows.

The transfer of this case also refers to the transferor of the party to the contract.

1. The plaintiff;

2. E transferee;

1. Defendant C

2. The purpose of this contract is to clarify the rights and obligations of the company of this case, which is owned by the transferor and its specially related persons, and 35,000 shares of registered common shares of this case (10,000 won per share, 100% of issued shares) and the rights and obligations of the transferee or transferee of the company of this case as to the acquisition by transfer from the transferor through due process, and to determine all the matters pertaining thereto.

Article 2 Subject matter of acquisition by transfer as provided for in this Agreement shall be as follows:

1. Rights and obligations incidental to the management rights and management rights of the company of this case

2. The acquisition price of Section 35,000 shares of all registered ordinary shares issued by the company of this case shall be 0,000,000,000,000 won per the day of acquisition under this contract.

Article IVAgreement on Trade and Time and Method of Payment

1. The assignee means a conditional transfer instrument which promises to deposit 10 million won worth a certain amount of money in Sknch to a third party in the legal language of the United States and deliver it to the other party if certain conditions are met on the date of the conclusion of this Agreement, but normally, a neutral third party which is reliance between the seller and the buyer at the time of the commercial transaction is acting as a broker.

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