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(영문) 광주지방법원 2015.12.30 2015가합849
전부금 등
Text

1. From March 21, 2015 to December 30, 2015, Defendant Samd Accounting Corporation shall pay to the Plaintiff KRW 3,790,00,000 as well as to the Plaintiff.

Reasons

1. Basic facts

A. M&A and rehabilitation proceedings of E Co., Ltd. 1) E Co., Ltd. (hereinafter “E”);

on January 12, 2009, for the purposes of shipbuilding, vessel repair, etc., the Debtor Rehabilitation Company F Co., Ltd. (hereinafter referred to as the “F”).

A) Company is established in the form of physical division from April 2005, E is a shipbuilding yard specializing in repairing a serious type of vessel on the coast of the 97 plot of land, Jindo-gun G from around April 2005 (hereinafter “instant shipbuilding yard”).

Although construction began, since around 2008, E was unable to engage in particular business activities while completely suspending the construction site due to the collision of shipbuilding business, etc. (2) E was selected as a sales main agent to resume business activities through M&A and corporate rehabilitation procedures, and provided the company explanation data to the applicant, and the Defendant C Co., Ltd (hereinafter “Defendant C”) and the Defendant D Co., Ltd (hereinafter “Defendant D”) who received the company explanation data were selected as the subject of preferential negotiations for E’s M&A by submitting a letter of intent to take over on April 7, 2014.

Section 2 (Definitions of Terms) (4) The term "acquisition price" means the total sum of KRW 36,000,000,000 ( 36,000,000,000), which is the amount to be invested by B (Defendant C and D) for the acquisition of the company, and this means the amount invested in the form of new shares.

Article 4 (Procedure and Acceptance Price for M&A) (2) A (E) shall make every effort to take the procedures necessary to obtain authorization decision from the rehabilitation court for the draft rehabilitation plan in which the procedures and conditions for acquiring B are reflected, and B shall actively cooperate therewith.

Section 5 (1) (B) in order to secure the implementation of this Agreement on the date of the execution of this Agreement, the Corporation shall deposit in the bank account of Kuduk Accounting Firm, a sales adviser, as down payment, the sum of KRW 5 per cent of the total subscription amount ($ 1,800,000) equivalent to 5 per cent of the total subscription amount ($ 1,800,000), which is designated by A

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