(영문) 서울회생법원 2021.01.27 2019가합100108

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(영문) 서울회생법원 2021.01.27 2019가합100108

채권조사확정재판에 대한 이의의 소

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1. The final and conclusive judgement of rehabilitation claim investigation (No. 584) No. 584 as of December 10, 2018 in the Seoul rehabilitation court shall be changed as follows:

Reasons

1. Basic facts

A. The status C Co., Ltd. (D Co., Ltd.) was changed, and its trade name was changed to E Co., Ltd.

The subject company is a company that operates a power plant without distinguishing between before and after the change.

The defendant is a company that has entrusted part of the shares of the target company held by FF, G and H associations (hereinafter referred to as "sellers").

B. On November 4, 2014, the Plaintiff concluded a share purchase and sale contract (hereinafter “instant share purchase and sale contract”) with the seller and the Defendant regarding 9,000,000 shares of the subject company, which are 45% of the shares of the subject company, as follows.

The definitions of Article 1 and the definitions 1.2 as used in this Agreement shall have the meanings defined below, unless the context otherwise requires:

(c) The term “damage” means claims, damages, losses (including where the statements and guarantees of the subject company are different from the facts, are not correct, or are not complete, and the value of the subject company has decreased in connection with them), fines, penalties, fines, administrative fines, expenses, expenses and expenses (including, within reasonable limits, attorney-at-law and accountant expenses).

Article 3.1 Sales Price per share for subject stocks shall be KRW 16,750 and the total sales price shall be KRW 150,750,000 for total sales price.

4.3 The seller and the buyer agree with the seller and the purchaser to enter into the e-mail contract with the seller and the purchaser in a reasonable satisfactory manner before the end of the transaction. The seller and the buyer agreed to set up the e-mail account with the aforementioned e-mail agent and the e-mail account (hereinafter referred to as the “e-mail account for damage security”).

The date of termination of transactions in order to guarantee the seller's and the defendant's obligation to compensate for damages.

유사 판례

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