logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.08.17 2015가단516958
약정금
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C shall pay to the Plaintiff KRW 49,027,070 and this shall apply.

Reasons

1. Facts of recognition;

A. In around 2008, Defendant C established and operated Defendant B Co., Ltd. (hereinafter “Defendant B”), and actually owned 50,000 shares issued by Defendant B, but it has been title trusted to a third party.

On October 25, 2010, the Plaintiff acquired 25,000 shares under its own name and 25,000 shares under its own name.

B. Around October 28, 2014, Defendant C entered into a contract for management rights and acquisition of shares with the content of selling 30,500 shares out of Defendant D’s management rights and issued shares.

The relevant contents of the management right and share acquisition agreement are as follows.

This Agreement shall enter into the following contracts with C (hereinafter referred to as “A”) and D (hereinafter referred to as “B1”) and E (hereinafter referred to as “B”) with a view to transferring part of the management rights and shares of Co., Ltd. (hereinafter referred to as “Subject Company”) and undertake to carry out them in good faith in accordance with the mutual trust and good faith principle:

Article 9 [Expenses, Taxes and Taxes]

1.A share transfer and acquisition agreement for tax returns shall be in form with F (title trustee) and A, and “A” shall be in all responsibility therefor.

(Tax on Title Trust, etc. to Stockholders who suffered prior to this contract)

2. The tax returns shall be reported through a certified tax accountant under an agreement between “A” and “B”, and taxes on them shall be paid by “A”, and where “A” is not a situation in which taxes are to be paid, “B” shall be paid in cooperation and a loan certificate therefor shall be prepared.

3.The purchase price of shares for tax returns shall be KRW 27,00 per share, and in order to compensate for losses of “B” due to a balance of KRW 42,623 per share purchase price of KRW 42,623 per share, “A” shall preferentially compensate for the total acquisition price of shares of “B” in the event that the “subject Company” is liquidated or sold within 10 years thereafter, and shall operate “subject Company”.

arrow