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(영문) 수원지방법원 2015.07.24 2013가합24279
주식매매대금 등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant C9,000 45,000 45,000 25,800 23,000 69,000 23,233, Defendant D3,000 15,000 15 13,000 23, 15,000 19,200 96,0000 96,0000,000 5 J 19,2000 5 J 19,200 96,000 96,000,000 326 Defendant E1,200 6,000 60,000 260,000 30,000 30,000 60,000,000 260,000 166, 260,000 G1, 266, respectively.

The purpose of this joint establishment is to manufacture and sell precision equipment (unsatisfy).

The status of shares held by F on December 31, 201, which was around the time of establishment, is as follows.

(2) There is a conflict between Plaintiff A, H, and I, a founder of F during the course of operating F, and Plaintiff A and H agreed to sell their shares to the Defendants and J for their own F.

(3) On September 1, 2012, the Plaintiffs sold F’s 27,60 shares to the Defendants and J in KRW 384,935,977.

(hereinafter “instant contract”). The instant contract provides for the payment method, validity, etc. as follows.

Article 1 (Sales Price)

1. The class and number of stocks to be traded shall be as follows:

1) Issuing Company: F2) Total number of outstanding shares 3: 60,000 won per share (5,000 won): The number of outstanding shares 5,600 won per share (27,600 won): The purchase price under Article 1 of Article 2 (Sale Price) shall be calculated by multiplying the net asset value calculated by evaluating assets and liabilities as of August 31, 2012 by the equity ratio of the seller of shares; and the details of calculation of assets, list of liabilities, and net asset value for calculating the purchase price shall be attached to Appendix 3. Article 3 (Methods of Payment of Purchase Price shall be paid to the Plaintiffs as follows:

Down payments: intermediate payments of KRW 146 million on September 10, 2012:

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