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(영문) 대전지방법원 2018.05.02 2017가합107975
주식대금 및 약정금 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 15% per annum from February 6, 2018 to the day of complete payment.

Reasons

Description of Claim

On May 21, 2014, the Plaintiff entered into a contract for acquisition of shares and right of management of D Co., Ltd. (hereinafter “instant prime contract”) with the effect that C and D Co., Ltd will transfer management rights for KRW 4.5 billion to C on June 23, 2014 (hereinafter “instant prime contract”).

Of the terms and conditions of the original contract of this case, the parts related to this case are as follows.

Article 2 (Conditions for Taking over Stocks and Management Rights)

1.The object to be taken over under this Agreement shall be:

1) The D Co., Ltd. owned by “A” (hereinafter referred to as “the subject company”).

(C) The number of shares transferred by the first company subject to the management (C) of the company subject to the holding on June 23, 2014 (hereinafter “B”) 300,000 shares of the company subject to the holding on June 23, 2014 (hereinafter “B”) shall be 625,00 shares, and the number of shares transferred by the first company subject to the holding on June 25, 200 after the holding of the first shares shall be 65,00 shares.

Article 3 (Payment of Price for Transfer and Delivery of Shares)

7. With respect to an ordinary share of 65,000 common shares of a company which is owned by the two-lane transferor (the plaintiff; the same shall apply hereinafter), the transferee (C; the same shall apply hereinafter) shall, upon request of the transferor, immediately take over the shares after one year from the completion of the contract.

Article 11 (Change of Status of Policyholders) The transferee may transfer the status of the contractor to a third party before the intermediate payment is executed against the transferor.

On July 1, 2014, the Plaintiff: (a) transferred the status of C and the Defendant and the assignee to B (Defendant) to B; (b) together with the status of C and the assignee of B Co., Ltd. until the contract under this Agreement is completed; (c) the Plaintiff confirmed that the Plaintiff was paid a total of KRW 1.5 billion by July 1, 2017. By July 4, 2014, the Plaintiff drafted an additional agreement stating that “C and B Co., Ltd confirm the execution of KRW 1.6 billion of the former acquisition price of the Plaintiff by July 4, 2014.”

In addition, the plaintiff's additional agreement on July 28, 2014.

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