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(영문) 창원지방법원 2017.07.20 2016가합53565
위약금
Text

1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual rate from September 20, 2016 to July 20, 2017.

Reasons

1. Basic facts

A. The plaintiff is the representative director of C Co., Ltd., and the defendant is a company established for real estate development business, etc., and is the project implementer of the development project of Drri, Kimhae-si E (hereinafter "the project in this case").

B. On March 6, 2015, the Plaintiff and the Defendant entered into the instant contract (hereinafter “instant contract”) with the Defendant to acquire the business rights of the Defendant corporation and the instant business (hereinafter “instant contract”).

) The Defendant and F of the contract are the Defendant and F, as the obligation to transfer shares was borne by F as the Defendant’s major shareholder and the representative director at the time of the contract was concluded (in a strict manner, the obligation to transfer shares is to be borne by F, and the Defendant and F of the contract

(2) The Plaintiff and the Defendant confirmed the final contents of the instant contract through several revisions for a considerable period of time, and the main contents are as follows. Article 1 (Subject Matter of Transfer)

1. Total shares and management rights of the defendant's shareholders;

2. The defendant's business right (E creation, etc.);

3. The acquisition price, including the Defendant’s business rights and assets, etc., including all documents related to the Defendant’s account books and business rights, is set at KRW 3 million per day (3,00,000,000). The acquisition price of the shares after the contract is set at KRW 3,00,000,000 per day (60,000) shall also be paid as the down payment.

Provided, however, the use of the above down payment shall be used for arranging the shares held by the shareholders of the defendant, and the share price resolved by the defendant shall be remitted directly by the plaintiff and the remaining balance after directly remitting it to the down payment shall be paid to the

(except for the F Share of Representative Director). After paying down payment, all corporate acquisition cases related to the defendant's business right (G transfer issues, etc.) and internal issues are resolved and notified in writing to the plaintiff, and the acquisition of G is entirely liable to F.

Defendant, Plaintiff, and H shall acquire 100% of the F’s shares at the same time as the submission of a note of payment.

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