beta
(영문) 서울고등법원 2015.10.29 2015나2002148

주식매매대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. As of January 10, 201, D Co., Ltd. (it was established on December 30, 2009 and its trade name was changed to “Co., Ltd. E” on August 10, 201; hereinafter “instant company”) on the list of stockholders as of January 10, 201.

Of the total issued shares of G 175,000 shares, G 30,600 shares, H 60,440 shares, the Plaintiff and I respectively held 19,480 shares, and F 45,00 shares (no share certificates were issued for the shares of the instant company)

2) The shareholders of the instant company, including F, need to increase capital, and the instant company’s shareholders, including F, intended the instant company to obtain a loan from the bank, but failed to obtain a loan due to the bank’s failure to meet the requirements and conditions, and F planned and proceeded with the instant company as the primary debtor, to borrow funds for capital increase from C.

3) In the event that the Plaintiff, G, H, and I (hereinafter the Plaintiff and the said three persons together, the “Plaintiff, etc.” is deemed to be “Plaintiff, etc.”

(B) In relation to F’s money borrowing from C, each of which is being promoted by F, to ensure that F, once all of its own shares are transferred to F, and F, to F, as security for loan lending obligations, all of the shares of the instant company, including F, are transferred to F, and F, to F, to KRW 3,428 per share. However, in the event that the instant company fully pays its loan obligations to F, it entered into an agreement on acquisition of shares with the Plaintiff, etc. on the same condition, the said shares are transferred to F, while borrowing KRW 50 million from July 4, 2011 to 3,428 per share.