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(영문) 대구지방법원경주지원 2011.09.23 2010가합873
주식매매대금
Text

1. The defendant shall pay 100,100,000 won to the plaintiff and 20% per annum from February 1, 2011 to the day of complete payment.

Reasons

1. Basic facts

A. On May 30, 2003, C Co., Ltd (the trade name before the change on March 1, 2006 was Co., Ltd.; hereinafter referred to as “Nonindicted Company”) entered into a credit guarantee contract with the Korea Technology Finance Corporation; the principal of the guarantee was KRW 850 million; the term of the guarantee was from May 30, 2003 to May 28, 2004 (the term of the guarantee was extended from May 26, 2009 to May 26, 2009); the Plaintiff (the representative director of the Nonparty Company retired on November 13, 2008 thereafter) was a joint and several surety (hereinafter referred to as “joint and several surety”).

B. On July 21, 2005, the Plaintiff entered into a comprehensive collateral guarantee contract (hereinafter “instant comprehensive collateral guarantee contract”) with Korea Bank Co., Ltd. (hereinafter “Korea Bank”), with respect to the obligations of the non-party company to Korea Bank, with the guarantee limit amounting to 360 million won.

C. Conclusion of a stock and management transfer agreement and additional agreement;

(1) On October 24, 2008, the Plaintiff, E, and F entered into a contract under which the Plaintiff, E, and F transfer 7,000 shares (the face value 10,000 won) of the total number of the non-party company’s management rights and shares issued to non-party 5 and the non-party 5 (hereinafter “instant transfer contract”) to 1.7 billion won (hereinafter “instant transfer contract”), and agreed as follows.

However, at the time of the transfer, the transferor did not present the "security and deposit status provided by the transferor, etc. to the non-party company as of the latest date" or attach the contents to the transfer contract, but the defendant was also aware of all the contents by notifying and explaining the details to the defendant.

Article 3 (Conclusion of this Agreement) (2) In entering into this Agreement, the transferor shall present and attach the following information or data as of June 30, 2008 (hereinafter referred to as "the latest date") confirmed by the representative director of the company at the time of signing this Agreement:

7. The current status of the security, entry, and the status of the security provided by the transferor, a person specially related to the transferor and a person of the transferor as of the latest date;

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