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(영문) 서울중앙지방법원 2014.06.11 2013가단5039752
매매대금
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff acquired from 11 existing shareholders of H Co., Ltd. (hereinafter “H”) 42,940 shares of the said company (53.4%) from 11 existing shareholders of H Co., Ltd. (hereinafter “H”) at KRW 1.63 billion (the Plaintiff bears KRW 620,000,000) and assumed office as the representative director of H on January 2008.

B. The Plaintiff caused a dispute with G that is a partner in the course of H’s operation and agreed to transfer the Plaintiff’s H’s stocks to G. On September 15, 2009, the Plaintiff concluded a share transfer agreement with the Plaintiff to receive KRW 38,750 per share of the Plaintiff and KRW 26,940 per share of the H (the remainder of the Plaintiff’s shares excluding KRW 16,000,000 per share of the Plaintiff’s shares) and KRW 1,043,925,00 per share of the transferred amount, and the down payment is KRW 50,00,000 per contract date, and the remainder of KRW 543,925,00 on October 30, 2009.

In addition, on September 17, 2009, the Plaintiff concluded a share transfer contract to transfer 10,027 shares of J in KRW 388,546,250, K’s shares in KRW 299,731,735 shares, L’s shares in KRW 101,718,750, M’s shares in KRW 168,020,000, and KRW 4,336 shares in KRW 4,375 shares in KRW 169,531,250, respectively.

C. I and G agreed to implement in advance the following conditions prior to the date of stock transfer, and prepared and implemented a prior agreement under the stock transfer contract (hereinafter “instant prior agreement”) to the Plaintiff.

I shall pay KRW 380,000,000 for loans of a foreign exchange bank, KRW 60,000 for loans of the company, KRW 880,000 for loans of the company, KRW 10,000 for loans of the company, KRW 100,000 for loans of the company, KRW 150,000 for retirement allowances of the J from October 2009, KRW 150,000 for retirement allowances of the J from October 209, KRW 155,000 for O loans of the company from November 2009, and KRW 1.635,000 for loans of the company.

The Plaintiff’s interest on the company loan (the expected KRW 120 million at the end of September) is confirmed to have been transferred to the transferee I, and I shall either be resolved or fully responsible by the transferee I, and there is no responsibility for the Plaintiff after the date of transfer.

After the Plaintiff’s share adjustment and resignation of the representative director, the honorable treatment shall continue by the end of December 2009.

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