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(영문) 의정부지방법원 2014.08.22 2011가합6561
양수금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 20% per annum from March 16, 2012 to the day of complete payment.

Reasons

1. The following facts are found either in dispute between the parties or in full view of the purport of the entire pleadings with respect to Gap evidence Nos. 2 through 7, 12, 13, Eul evidence No. 1, and witness C’s testimony.

A. On December 3, 2007, the Defendant entered into a contract for acquisition of shares and right of management related to E (hereinafter “instant acquisition agreement”) with G, a nominal shareholder under a title trust agreement, by borrowing the name of the D Promotion Foundation (hereinafter “D Promotion Foundation”) in which the Defendant is a major shareholder, and borrowing the shares of E Co., Ltd (hereinafter “E”) from C, a de facto manager of the D Promotion Foundation (hereinafter “D Promotion Foundation”). The main contents are as follows.

The shares to be sold shall be 2.3 million registered common shares (13.52% of the total issued shares as of the date of conclusion of the contract), and the subscription price for shares shall be 14.57 billion won, but the transferor shall appoint He immediately after the conclusion of the contract as a manager and have him conduct management and verification inspections of the company, and the sale price shall be adjusted by mutual consultation according to the results of the subsequent verification.

The transferee shall pay the down payment of KRW 1.6 billion to December 3, 2007, the intermediate payment of KRW 1.69 billion to December 18, 2007, the intermediate payment of KRW 5.359 billion to the company until December 18, 2007, and the balance of KRW 5.359 billion to the company until December 27, 2007, and the end of January 2008, and deposit KRW 5.6 billion to the company until the end of December 2007.

If a direct financial loss has occurred to the transferee due to the occurrence of an overseas debt or contingent debt other than those presented by the company to the transferee, the transferor shall compensate the transferee for the loss.

The transferee shall immediately appoint the H designated by the transferee as the manager and delegate and succeed to the management rights and responsibilities of the company.

Where the contract is terminated without any important cause attributable to the other party, 50% of the subscription price received by the transferor, and the transferee shall notify the termination of the contract after the date of the contract.

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