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Reasons
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(영문) 대구지방법원포항지원 2016.01.19 2014가합1138
주식매매대금등반환
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1. The Defendants shall jointly and severally serve as KRW 1,150,000,000 on the Plaintiff and as a result, from August 21, 2014 to January 19, 2016.

Reasons

1. Facts of recognition;

A. The Defendants related to the parties are shareholders of D and E, and the Plaintiff is the representative director of F, who entered into a transfer contract with the Defendants on the shares of the said companies owned by the Defendants.

B. 1) On February 25, 2014, the Plaintiff remitted KRW 50 million to Defendant B’s bank account, and on February 28, 2014, paid KRW 500 million to Defendant B. (2) On March 10, 2014, the Plaintiff wired KRW 250 million to Defendant C’s bank account, and on March 11, 2014, transferred the shares of Defendant C and E (hereinafter “instant shares”) owned by the Defendants to acquire KRW 1.425 million between the Defendants and the Defendants to acquire the shares of Defendant D and E (hereinafter “instant shares”) as follows, and on the same day, remitted KRW 250 million to Defendant C’s bank account:

(hereinafter) The contract entered into between the Plaintiff and the Defendants (hereinafter “instant transfer contract”). The transferor (A) of the share transfer contract: A: With respect to the share ownership of D and E owned by the transferor, the said parties enter into a transfer contract (hereinafter “this contract”) as follows:

Section 2 (Transfer Price) A shall transfer to B one half of the above two companies' equity shares.

(Transfer of Shares in Ownership is accompanied by the obligations with respect to the assets and liabilities of the said Company). The total assets and total liabilities of the said Company for business purposes (based on assets and liabilities) are as follows:

1. The total amount of assets of the above company shall, notwithstanding the book value, be KRW 6.6 billion as of February 28, 2014, which is agreed upon with Gap as of February 28, 2014, and the amount resulting from the transfer of shares by Gap to Eul shall be KRW 3.3 billion;

2. The total amount of liabilities shall be 3.75 billion won which was calculated and submitted by Gap as of February 28, 2014;

C. Article 4 (Payment of Shares) D Ordinary Shares 10.0

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