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(영문) 수원지방법원 2019.07.10 2017가단528949
매매대금반환
Text

1. As to the Plaintiff KRW 75,00,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 75,000,000 from November 18, 2015, and KRW 20,00,000.

Reasons

1. Facts of recognition;

A. On November 18, 2015, the Plaintiff concluded a share transfer agreement with the Defendant Company to acquire 10% of the shares issued by the Defendant Company to 50 million won.

The primary stock acquisition contract; hereinafter referred to as the "first stock acquisition contract"

b. The transferor Gap's name and trade name are written in the transfer column of the above contract; D and E's corporate seal imprint was affixed to the joint representative D and E's corporate seal imprint attached to the original register of the defendant company and the joint representative D and E's respective corporate seal imprint ( although the first line of the above contract contains "D," the transferor's name, trade name, joint representative's name, and seal are recorded and sealed as above, and the corporate seal imprint is deemed to be the defendant company in light of the fact that the transfer is accompanied by the corporate seal imprint. (2) The plaintiff deposited the transfer to each account of the F's company (hereinafter referred to as "F") on November 18, 2015 according to the above contract. (The plaintiff and the defendant company are the same as the address at the time, and both of the defendant D and the defendant company were deposited into the above account at the request of the plaintiff to deposit KRW 5 million in accordance with the above request of the plaintiff.

(C) After that, on December 2015, the Plaintiff entered into an agreement with the Defendant Company to partially amend the first share acquisition agreement with the Defendant Company, thereby investing KRW 80 million in the Defendant Company and receiving 15% of the shares issued by the Defendant Company (hereinafter “second share acquisition agreement”).

b. Evidence A 2 No. 2. The column for the contract was written with the name and trade name of the Defendant Company, D and E’s corporate seal affixed with the joint representative D and E’s corporate seal affixed to the joint representative D and E’s respective corporate seal imprint.

On December 9, 2015, the Plaintiff paid KRW 25 million to the Defendant Company based on the said secondary stock acquisition contract.

E. On June 22, 2017, the Plaintiff paid the acquisition price of shares to the Defendant Company as above. As such, the said first and second share acquisition contract is concluded.

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