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(영문) 서울고등법원 2016.05.13 2015나2068339
전부금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs are responsible for the total costs of the lawsuit after the filing of the appeal.

Reasons

1. Basic facts

A. The acquisition of shares of the Defendant New Financial Investment and the joint and several guarantee 1) D Co., Ltd. (hereinafter “D”).

(2) On April 29, 2008, the Plaintiff: (a) transferred 2,67 shares out of 8,533 common shares registered common shares of Nea, a Japanese corporation, holding D with the Defendant’s new financial investment (i.e., securities company, etc. before the change; (b) KRW 9,533,490,000 of the transfer price; and (c) transferred shares acquisition agreement with the following contents (hereinafter “instant share acquisition agreement”).

Article 2 (Payment of Transfer Price) (1) The sale price of stocks subject to sale shall be KRW 9,53,490,000 per share [2,67 shares x 375,000 UN = 1,000,125,000 per share x 375,000 UN x 1,000,125,000 per share x 14 April 28, 2008, foreign exchange banks shall apply the final sale and purchase rate (953.23 won per 100N) announced on April 14, 208; 2,000 won per unit. (1) The transferee shall be free of charge to the transferor, where any of the following causes arises; (2) the transferee shall have the right to request the transferee to purchase all or part of the stock options at the price of put options to be purchased by the transferor or a third party; (3) the acquisition price of the stock subject to sale and purchase of the stock at any time after the date of the transfer.

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