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(영문) 서울중앙지방법원 2015.08.25 2014가합538326
계약금 반환 및 위약금 청구의 소
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 210,00,000, KRW 180,000 to the Plaintiff B, and KRW 120,00,000 to the Plaintiff C, and KRW 120,000 to the Plaintiff C.

Reasons

1. Facts of recognition;

A. The party status I Co., Ltd. (hereinafter “I”) is a company that mainly engages in general waste collection and transportation business, commercial wastes, and designated waste interim disposal business at the J of both States. The Defendants are the I’s shareholders, and Defendant E is the representative director, Defendant F, and H’s internal director, and Defendant G are the I’s auditors.

B. The conclusion of the instant transfer agreement (1) around 201, Defendant E, the representative director of the I, acquired ownership of the land outside 394 square meters prior to L on November 25, 201 (hereinafter “instant project site”) in order to move the place of business of the said company, as the I’s site was expropriated through the Korea Land and Housing Corporation’s Housing Site Development Project implemented by the Korea Land and Housing Corporation.

(2) On March 25, 2013, the Plaintiffs concluded a share acquisition agreement with the Defendants to acquire shares of KRW 3,000,000 (hereinafter “instant share acquisition agreement”) owned by the Defendants for KRW 94,99 shares ( KRW 94.9% of the total shares issued and outstanding, and KRW 31,279 of the transfer price per share).

The details of the transferor’s total transfer shares A CD total transfer proceeds (won) 201.30, 208.2988, 2098, 2097, 2098, 2097, 2097, 3098, 210, 210, 9258, 208, 975, 208, 210, 925, 198, 209, 208, 198, 209, 208, 209, 208, 209, 208, 304, 208, 300, 10, 105, 150, 150, 478, 19, 19, 2578, 2708, 2708, 2508, 2708, 279, 27588, 2808

Article 1. Agreement on the acquisition of the shares subject to transfer (1) The transferor transfers the shares subject to transfer to the transferee, and the transferee will acquire the shares from the transferor.

The number of shares subject to transfer by transferor and transferee shall be the number of shares.

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