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(영문) 서울중앙지방법원 2014.06.10 2013가합33763
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are shareholders of C Co., Ltd. (hereinafter referred to as “C”), a supervisory company, and the plaintiffs Co., Ltd. (hereinafter referred to as “Plaintiff A”) were 103,610 shares (4%) and 63,00 shares (25.2%) for the plaintiff Co., Ltd. (hereinafter referred to as “Plaintiff B”), and D, the representative director of C, were 83,390 shares (3.36%). The defendant purchased C's shares from the plaintiffs.

B. Around March 2007, the Defendant entered into an agreement with C to take over the total supervision records of C (al.e., approximately 710,000 square meters) at KRW 2.1 billion (hereinafter “instant agreement on transfer of supervision records”) between C and C (hereinafter “instant agreement”).

(2) On April 11, 2007, the Defendant remitted KRW 210 million to the Plaintiff as the down payment of the above agreement. On April 18, 2007, Plaintiff A wired KRW 210 million to C on April 18, 2007. (2) On May 2007, the transfer price of the instant supervision performance transfer agreement was added to KRW 28 million on investment certificate settlement amount for the Korea Electric Engineers Association of Korea.

3) After that, the Plaintiffs, D, C, and the Defendant entered into the instant supervision performance agreement by dividing them into the electrical supervision agreement and the stock acquisition agreement on the stocks owned by the Plaintiffs and D. C. On June 7, 2007, C entered into an electrical supervision agreement with the Defendant for the transfer of all rights and obligations on the electrical supervision business as shown in the attached Table 1 (hereinafter “instant electrical supervision agreement”). On June 12, 2007, the Plaintiffs and D entered into a stock acquisition agreement with the Defendant for the transfer of all rights and obligations on the electrical supervision business (hereinafter “instant stock acquisition agreement”). On June 12, 2007, as shown in the attached Table 2, the Plaintiff and D entered into the stock acquisition agreement with the Defendant to transfer KRW 250,000,000,000,000,000,000,000,000 won (hereinafter “instant stock acquisition agreement”).

2. The defendant includes value-added tax on June 12, 2007 with the transfer proceeds of the electric supervision contract of this case.

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