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(영문) 대전지방법원논산지원 2014.08.20 2013가합843
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the background leading up to the conclusion of the instant contract were directors and shareholders of Incorporated Agricultural Company E (F Co., Ltd., Ltd., Ltd., F, Inc., Ltd., before the change; hereinafter “E”). In relation to E in 2011, the Plaintiffs were investigated into police due to the suspicion of fraud of government subsidies, occupational embezzlement, offering of bribe, etc.

On November 9, 201, the Plaintiffs entered into a contract for acquisition of shares and corporate management rights (hereinafter “instant contract”) with the Defendant to transfer the shares and management rights of E held by the Plaintiffs to the Defendant during the color of the other party to sell E.

B. The content of the instant contract pertaining to the instant case is as follows.

1. Under the terms of this Agreement, the transferor(s) will transfer all of the common shares 206,149 shares of E held by the transferor and the right of management of the said company, and the transferee(s) will take over them.

The purchase price under this contract shall be KRW 9,000,000 in total.

2. On the date of the conclusion of this Agreement, the assignee shall pay 4,500,000,000 out of the purchase amount to the bank account designated by the transferor, and the transferor shall, upon receipt and repayment, deliver to the assignee:

(hereinafter) On the date agreed by the parties, the remaining purchase price of KRW 4,500,00,000 (hereinafter “the remainder”) shall be paid in a manner of depositing in the bank account designated by the transferor, and the transferor shall deliver to the transferee the following:

(hereinafter) Prior to the conclusion of this contract, the assignee recognizes the fact that the civil criminal lawsuit is pending in the court or the prosecution, such as Appendix 1 (hereinafter referred to as the “instant criminal lawsuit”) against E, prior to the conclusion of this contract, is being pending in the court or the prosecution, and then the transferor is liable for civil or criminal liability in relation to the said lawsuit.

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