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(영문) 서울북부지방법원 2015.04.23 2014가합2864
주식매매대금
Text

1. The Defendant shall pay 449,115,00 won to the Plaintiff and 20% per annum from April 5, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) C Co., Ltd. (former trade name is “D”.

hereinafter referred to as “C”

(2) On August 18, 2019, the Plaintiff, a shareholder of C, entered into an agreement with the Defendant on the following terms and conditions (hereinafter “instant share transfer agreement”) and an agreement as described below (hereinafter “instant commitment”) with the purpose of developing, manufacturing, selling, and leasing a computer, telecommunications, or control tower-related hardware and software. (2) On February 18, 2013, the Plaintiff, a shareholder of C, entered into the said agreement with the Defendant:

The plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") of the transferor of the share acquisition agreement shall enter into a contract for share acquisition as follows:

Section 1. This Agreement aims to take over the shares issued by Section A, which are owned by Section B.

Section 2. The value of the subject matter and stock of this Agreement shall be as follows:

- Issuing Company: Category C of shares: Ordinary shares (500 won per share with a face value of 500 won): 402,290 shares - Transfer value per share: 1,500 won - Transfer value per share : 603,435,000 won - Transfer date of shares: Article 3 B of February 18, 2013 shall pay the share price under Article 2 in cash to A as follows:

- At the time of a contract, KRW 100,00,000 - KRW 100,000,000 on March 31, 2013 - 403,435,000 on June 30, 2013, two copies of the contract shall be prepared, signed and sealed by Party A and B, and kept in one copy, in order to verify the above facts.

The plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") of the transferor shall determine the special agreement in relation to the payment of the difference arising from the share acquisition limit as follows:

Article 1. This letter of commitment aims to determine the difference between the price for the acquisition of shares by transfer of shares C owned by A.

Article 2 The difference in the share acquisition price that Party B shall pay to Party A shall be KRW 1,408,015,00 for the share price of Party A under the "Agreement on Stock and Management Transfer ( September 3, 2008)".

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