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(영문) 서울중앙지방법원 2017.09.01 2017가합500575
계약잔금 등 청구의 소
Text

1. The Defendant: (a) KRW 295,00,000 for the Plaintiff and KRW 5% per annum from August 1, 2016 to September 1, 2017; and (b) thereafter, the Plaintiff.

Reasons

1. Basic facts

A. On June 30, 2015, the Plaintiff sold 10,000 common shares per share of 34,000, total amount of 340,000,000 won per share of 10,000 common shares of Incorporated Co., Ltd., Ltd., the Plaintiff owned, but the down payment of 30,000,000 won shall be paid until July 2, 2015, and the remainder of 310,00,000 won shall be paid until July 2, 2015 (j) or August 27, 2015 (j) and if any balance is not paid by the first payment date, the Plaintiff may claim for redemption, and where any balance is not paid by the second payment date, the Plaintiff may enter into a stock transfer contract to pay twice the down payment amount.

(hereinafter “First Stock Transfer Agreement”). On July 2, 2015, the Plaintiff received KRW 30,000,000 from Doucom Co., Ltd.

B. Upon delay in the payment of any balance under the first stock transfer agreement, the Defendant concluded a share transfer agreement with the Plaintiff on July 8, 2016, to pay KRW 34,000 per share sales amounting to KRW 34,000, total amount of KRW 340,000 per share, and to pay KRW 15,000,000 for intermediate payment, KRW 15,000,000 until July 2, 2015, by July 9, 2016, the remainder amount of KRW 295,00,000 per share sales by July 31, 2016.

(2) The Plaintiff and the Defendant at the time of the second share transfer contract (hereinafter “the second share transfer contract”). At the time, the Plaintiff and the Defendant set KRW 15,00,000,000 as the total amount of damages for delay and the down payment to the Plaintiff pursuant to the first share transfer contract, and the Defendant paid it to the Plaintiff by July 9, 2016.

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