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(영문) 서울중앙지방법원 2021.01.21 2019가합512329
위약벌 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 14, 2016, the Plaintiff entered into a sales contract with the Defendant for 3,200 shares among registered common shares 4,000 shares issued by the Defendant-owned Co., Ltd. (hereinafter “C”) (hereinafter “instant contract”).

The main contents are as follows:

The specialized seller is a shareholder of a company that owns 4,000 shares of registered ordinary shares (10% of the total number of shares issued by the company) issued by C (hereinafter referred to as the "Company") with its head office in Dong-si, Gyeonggi-do as of the date of this contract.

The seller intends to sell to the buyer the management rights of 3,200 shares of the company registered common shares issued by the company (80% of the total number of shares issued by the company; hereinafter referred to as "subject shares") and the company, subject to the terms and conditions set forth in this Agreement, and the buyer seeks to purchase the management rights of the subject shares and the company from the seller in accordance with the terms and conditions set out in this Agreement (hereinafter referred to as "the subject transaction"). The parties agree to determine all rights and obligations arising between the parties in connection with this transaction as follows:

Section 2. In accordance with the terms and conditions of this Agreement, the buyer shall purchase the subject shares from the seller on the date of termination of the transaction prescribed in Article 4, and the seller shall sell them to the buyer.

(2) The sales amount for the shares under this contract shall be KRW 850,000 per share (Won 850,000), and the total sales amount shall be KRW 2,720,000 (Won 2,720,000,000).

However, if it is confirmed that a certain reason specified in the following subparagraphs exists, the sales amount shall be adjusted in accordance with the relevant subparagraph, and if adjusted, the sales amount shall be adjusted:

On October 31, 2016, the amount equivalent to at least 5 per cent of the net asset value on the financial statements as of October 31, 2016, the significant damage to the assets, and the inclusion or omission of the liabilities, arising therefrom.

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