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(영문) 제주지방법원 2019.08.13 2018가단57898
투자금반환청구
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate of 5% from December 6, 2017 to July 3, 2018.

Reasons

1. Facts of recognition;

A. The Defendant is a stock company established for the purpose of manufacturing and selling electricity, transformers and related parts.

B. On August 24, 2017, while the Plaintiff received the Defendant’s business plan from C and participated in investment negotiations with the Defendant, the Plaintiff received a draft of the share transfer contract containing the Plaintiff’s content of KRW 200 million investment and the protection of the amount of investment, etc. from the Defendant via e-mail.

C. After that, on August 25, 2017, the Plaintiff demanded the Defendant to revise the draft of the share transfer contract, and the Defendant re-transmited to the Plaintiff the original copy of the share transfer contract, which revised the draft of the said share transfer contract through e-mail (hereinafter “instant contract”). The details of the instant contract are as follows.

The defendant (A) and the plaintiff (B) enter into a contract on August 25, 2017 with respect to the transfer or acquisition of shares by the defendant as follows:

Article 1 (Sale Price) A transfers to B one share of the Defendant’s shares at KRW 30,00.

B shall subscribe to 6,67 shares of Party A.

Article 2 (Price Payment) B shall pay 100 million won first on August 25, 2017 when acquiring shares owned by A, and the remaining KRW 100 million shall be paid within one week after receipt of the written investment confirmation of D Co., Ltd.

Article 3 (Protection of Investors) In order to protect investors, other than those of the above-mentioned special agreements, shall include the following special agreements, and in the event of a conflict between the general matters and the special agreement, the special agreement shall be applied first.

1. Where the value of shares he/she has accepted falls short of the value of shares or an investment of a D stock company is not made (within two months from the time of investment in B), he/she may request Party A to re-sale shares acquired;

At this time, A shall accept the request for re-sale by B, purchase on a preferential basis as at the time of purchase, and pay 2% interest for the investment period.

2. A, after completing the investment of D Co., Ltd., the Defendant B.

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