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(영문) 서울중앙지방법원 2014.05.23 2013가합556433
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the development and sale of software and content, and the Defendant is a company engaged in business such as establishment of a small and medium enterprise, investment in venture businesses, and establishment of the Korea Venture Fund.

B. On March 24, 2011, the Defendant concluded a share sales contract with the Plaintiff, the Plaintiff’s representative director B, the Plaintiff Company, and the Stock Exchange Co., Ltd. (hereinafter “instant share sales contract”).

According to the above contract, the Defendant purchased 30,000 common shares (the face value of KRW 5,000 per share) from B at KRW 40,000 per share for total purchase price of KRW 1,20,000 (Article 2). In the event the sale and purchase of shares is completed due to the payment of the purchase and sale price under the above contract, the Defendant has the right to sell all or part of the shares subject to sale after the lapse of one year from the date of payment of the purchase and sale price to B. Since one year from the date of payment of the purchase price under the above contract, B shall, at the request of the Defendant, purchase the shares acquired by the Defendant under the above contract at the request of the Defendant.

(1) Article 4(1) of the Act provides that “If the Defendant exercises put options as above, the Defendant shall notify B of the written request for sale of stocks within a period of not less than seven days from the scheduled date of sale to put put options, the Defendant shall pay B a written notice of the request for sale of stocks, and after seven days from the date of the Defendant’s written notice to the date designated by the Defendant (hereinafter “scheduled date of sale”), the sales contract between B and the Defendant is established for the quantity of stocks on the notice as of the date designated by the Defendant, and B shall pay B the sales contract for put options, i.e., the “scheduled date of sale,”

(Article 4(2). The sales price at the time of the purchase of shares in B pursuant to Article 4(1) and (2) of the above contract shall be the sum of the sales price and the amount calculated by applying 10% per annum from the date of payment to the date of scheduled sale (Article 4(3)), and the defendant.

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