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(영문) 서울중앙지방법원 2019.06.13 2017가합588032
손해배상(기)
Text

1. The Defendants shall request the Plaintiff to withdraw funds in accordance with the attached payment instruction to Nonparty G Co., Ltd.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation whose business is to manufacture, sell, store, export and import of munitions. 2) Nonparty H Co., Ltd. (hereinafter “the target company”) is a corporation that designs, manufacture, sell, export and import of parts for the defense industry as its business. The Defendants are those who were shareholders of the target company.

B. On November 12, 2015, the Plaintiff entered into a share purchase contract with the Defendants, Nonparty I, J, K, L, and the subject company (hereinafter “subject shares”) with respect to the entire share 160,000 shares issued by the subject company (hereinafter “subject shares”), as follows (hereinafter “instant share purchase contract”).

Article 2 In accordance with the terms and conditions set forth in this Agreement, the Defendants, non-party I, J, K, and L (hereinafter collectively referred to as “sellers”) shall sell the subject shares to the Plaintiff, and the Plaintiff shall purchase the subject shares from the seller.

The number of shares sold by each seller shall be as follows:

Defendants B 31,360 19.6 470,400 15,000 15,000 2 Defendant C 31,360 470,400,400 360 31,360 360 31,400 470,400 4706 313,530,000 50 5 15,680 00 15,680 200 15,200 10,680 15,600 204 0,600 20,60 00 16,400 15,600 16,000 20,00 16,000 16,00 16,000 20

2.3 The Plaintiff shall conduct a settlement office room on September 30, 2015 for the subject company as of September 30, 2015 (hereinafter “base date for settlement of accounts”).

As of the date of settlement of accounts, the net asset value of the company concerned as of the date of settlement of accounts is verified by the plaintiff.

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