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(영문) 서울중앙지방법원 2017.11.30 2016가합551071
양수금
Text

1. As to KRW 3,500,000,000 among the Plaintiff and KRW 200,000,100 among them, the Defendant shall start from June 1, 2016 to September 9, 2016.

Reasons

Basic Facts

On March 3, 2016, the Plaintiff agreed to invest KRW 500 million in M&A promoted by C Co., Ltd. (hereinafter referred to as “C”), and paid KRW 500 million to C as a check.

After that, C entered into a share acquisition agreement as follows, on March 2016, the Plaintiff entered into an investment agreement with C to purchase KRW 175,000 or KRW 225,000 of the issued shares of D Co., Ltd. (hereinafter referred to as “F”) that C would purchase from E Co., Ltd. (hereinafter referred to as “D”) (hereinafter referred to as “F”) at KRW 175,000 or KRW 225,000.

C and the Defendant’s share acquisition agreement was concluded between C and the Defendant, G, and H on March 7, 2016, a share acquisition agreement of KRW 5,800 per share of the F issued stocks owned by D (hereinafter “instant share acquisition agreement”).

Pursuant to the above contract, C decided to purchase the above 3.5 million shares in KRW 2.3 billion, and the defendant decided to purchase KRW 8.5 billion shares in KRW 4.93 billion.

On March 14, 2016, the Defendant submitted and publicly announced the changes in the shares held by the Defendant to acquire 850,000 shares and 350,00 shares in accordance with the instant share acquisition agreement on the electronic disclosure website of the Financial Supervisory Service (htp:/art. S.or.D.) on March 14, 2016, and the Defendant corrected and publicly announced the changes in the shares held by the Defendant to acquire 120,00 shares on March 30, 2016.

I, the actual manager of the agreement C and C of the defendant, notified the defendant, F, and D to restore the above corrective publication, received civil petitions from the Financial Supervisory Service, filed a complaint against the defendant representative director, filed a complaint against the police, and requested the defendant representative director J to compensate for damages.

Accordingly, the J on behalf of the Defendant: (a) between I on April 29, 2016 and I on behalf of the Defendant; and (b) between I on May 31, 2016, the Defendant: (c) transfer 140,000 shares of F Co., Ltd. (if the share price is at least 50,000 won, the share price is at least 50,000 won) to I

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