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(영문) 서울중앙지방법원 2017.11.21 2017가합524021
위약벌 등
Text

1. Defendant B Co., Ltd.: (a) 400,000,000 won and its interest thereon from May 12, 2017 to November 21, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the shareholder of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as the Korea Venture Fund established pursuant to the Act on Special Measures for the Promotion of Venture Businesses. The Defendant Co., Ltd. is a company engaging in the manufacture and sale of electrical and electronic equipment, and the Defendant A is the representative director of the Defendant

B. On January 12, 2015, C, the largest shareholder of the Defendant Company, entered into a contract to transfer the remaining 1,500,000 shares among the 3,500,000 shares of the Defendant Company, which he/she owned, to the Defendant A, and the remaining 1,50,000 shares to the ASEAN Global.

Since then, on February 24, 2015, the Plaintiff added the above share acquisition to the transferee of the contract, and decided to take over 1,000,000 shares of the above shares from C. Accordingly, the number of shares to be acquired by Defendant A was changed to 1,80,000 shares, and the number of shares to be acquired by AD Global was changed to 70,000 shares, respectively.

C. On February 23, 2015, the Plaintiff agreed to acquire the convertible bonds issued by Defendant A after acquiring the management right of the Defendant Company, and entered into a contract with Defendant A on February 23, 2015 with shareholders (hereinafter “instant agreement”).

Article 1. In holding new shares issued by the Plaintiff from C (hereinafter referred to as “principal shares”) in accordance with the first sentence of the part above the purpose of this Agreement (hereinafter referred to as “this Agreement”), the Plaintiff’s acquisition of shares 1,00,000 shares issued by the Defendant Company (hereinafter referred to as “this shares”) and the new shares issued by converting the convertible shares acquired by the Plaintiff into shares pursuant to Article 4 of this Agreement in the future (hereinafter referred to as “the Plaintiff’s shares held by the Defendant Company”), the Defendant A and the Plaintiff, as a shareholder of the Defendant Company, shall conclude this Agreement with a view to providing for certain matters regarding the disposal of the shares issued by the Defendant Company and its operation.

Article 2. Consent and.

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