(영문) 서울남부지방법원 2019.06.04 2018가합108750

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(영문) 서울남부지방법원 2019.06.04 2018가합108750

매매대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was the former representative director of C, a corporation specializing in English education, and the Defendant is a corporation specializing in English education.

B. On March 2, 2016, the Plaintiff, the Defendant, and C concluded an investment agreement with the following content (hereinafter “instant agreement”).

This Arrangement was concluded between the defendant, C and the plaintiff, who is the largest shareholder of C.

The objective of this Arrangement is to determine the rights and obligations arising between the defendant, C and the plaintiff in making investments in the whole amount of 1,000 shares issued by C by the defendant in the manner of purchasing from the plaintiff.

Article 3 (Conditions for Acceptance)

1. The defendant will accept the full amount of C’s outstanding shares of 1,000 shares from the plaintiff within one month from the date of completion of the accounting office under Article 5.

2. The defendant shall subscribe to KRW 650,00 per share on the date of new shares subscription under subparagraph 1, which is 1,000 shares issued by C held by the plaintiff.

4. The defendant shall pay 650,000,000 won to the plaintiff at the time of completion of the legal acquisition of the above 2.

5. Separate from the acquisition price under subparagraphs 2 and 4 above, C shall pay 500,000,000 won as the Plaintiff’s piece rate.

6.The performance-based rates of 5 above shall be paid in installments of KRW 200,000,000 for the year in which the date of this Arrangement falls, KRW 200,000 for the following year, and KRW 100,000 for the following year, and shall be carried over to the following year when it fails to meet the following criteria:

7. The amount of piece rates under the above 5 and 6 shall exceed the annual sales of 5,00,000,000,000 won and the net income before deducting corporate tax shall be paid each year after the settlement of accounts.

8. The full amount of the acquisition price under the above 4 and the performance fee under the above 5 must be returned to the defendant when the plaintiff cannot hold office for at least three years from the date of this Agreement with the plaintiff's intent and decision.

9. The plaintiff is a document to the defendant and C when he/she retires with his/her own serious cause and his/her own will.

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