기타(금전)
1. It is confirmed that the Plaintiff and Defendant B had the Plaintiff’s right to the shares listed in the separate sheet.
2...
1. Facts of recognition;
A. On December 30, 2014, the Plaintiff is a shareholder holding 8,800 shares out of 40,000 shares issued by Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Defendant B is a shareholder holding 4,00 shares and is the representative director of Defendant Co., Ltd.
B. On February 1, 2015, the Plaintiff entered into a share acquisition agreement with Defendant B to transfer KRW 40 million of common shares of the Defendant Company owned by the Plaintiff (hereinafter “instant shares”) (hereinafter “instant share acquisition agreement”).
C. On February 1, 2015, the Plaintiff transferred the instant shares to Defendant B in accordance with the instant share acquisition agreement. Accordingly, on February 1, 2015, the Plaintiff entered that the Plaintiff owned 800 shares (i.e., 8,800 shares - 8,00 shares) and Defendant B owned 1,200 shares (= 4,000 shares).
On January 23, 2017, the Plaintiff expressed his/her intent to rescind the instant share acquisition through the content-certified mail to Defendant B on the ground that Defendant B did not pay the price of the instant shares. At that time, the said declaration of intention reached the Defendant B.
E. After the conclusion of the instant stock acquisition agreement, Defendant B did not pay the price of the instant shares to the Plaintiff until the date of closing the argument in the instant case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. If a contract for the transfer and takeover of shares was lawfully rescinded, the former transferee loses his/her status as a shareholder of a stock company. Thus, even if he/she occupies share certificates of a stock company, he/she is not entitled to exercise his/her rights
(See Supreme Court Decision 93Da44906 delivered on June 28, 1994). B.
In light of the above legal principles, according to the above facts of recognition, the acquisition of the shares of this case is also concluded by the defendant B.