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(영문) 대전지방법원천안지원 2020.12.22 2019가단120653
주식양도대금
Text

1. As to KRW 90,959,424 and KRW 54,007,158 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 1, 2019 to December 11, 2019.

Reasons

1. Facts of recognition;

A. Around January 2018, the Plaintiff transferred 10,000 common shares issued by the Dispute Resolution Co., Ltd. to the Defendant in KRW 100,000,000, and entered into a share transfer agreement with the Defendant to receive KRW 2,842,482 each month from January 2018 to December 2020, including the amount in the name of interest accrued from installment payments.

(hereinafter “instant share transfer contract”). B.

On January 1, 2018, the plaintiff changed the trade name of the Dispute Resolution Co., Ltd to D immediately after the defendant acquired shares as set forth in paragraph (a).

(Representative) The Plaintiff entered into an agency contract with the Plaintiff, which designates D as a specific agency in Korea, with respect to the heat settlement tape sold by the Plaintiff to E, etc. (hereinafter referred to as “E”).

(hereinafter “instant agency contract”). Article 19 of the instant agency contract provides that “The term of validity of this contract shall be from January 1, 2018 to June 30, 2018, and shall be extended between half years if both parties have raised an objection in writing by no later than two months before the expiration of the contract.”

C. On January 1, 2018, the Plaintiff entered into a contract for the entrustment of business activities with the Plaintiff’s product and sales office (UVS tape and FBS) to the LAD.

(2) Article 8 of the instant entrustment contract agreement provides that “The term of validity of this contract shall be from January 1, 2018 to June 30, 2018, and shall be extended by one half year if both parties raise an objection in writing by two months before the expiration of the contract.”

The Defendant paid to the Plaintiff four minutes from January 2018 to April 2018 out of the share transfer price under the instant share transfer contract, and did not pay from May 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The above-mentioned facts are examined as to the cause of the claim.

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