주식매매대금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Basic facts
A. The Plaintiff worked as a director of Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), while holding KRW 40,000 of the shares of Nonparty Co., Ltd. (hereinafter “instant shares”) and KRW 20,000 per share (i.e., KRW 500 per share x 40,000), the Plaintiff retired from the company as of April 30, 2013.
B. On April 22, 2013, the Plaintiff entered into an agreement on the settlement of shares (hereinafter “instant agreement”) with Nonparty Company’s representative director and D, the Defendant’s husband, with the purport that “this case’s shares are acquired with the funds of Nonparty Company, but the Nonparty Company paid KRW 10 million to the Plaintiff by May 25, 2013 for the purpose of paying retirement allowances, etc. or preserving expenses (hereinafter “instant agreement”).
C. Around May 10, 2013, the Plaintiff prepared a share sales contract with the Defendant that “the Plaintiff sells the instant shares to the Defendant on April 30, 2013, to the Defendant at KRW 20 million.”
The Plaintiff received part of the benefits under his/her name E, his/her birth, but the non-party company paid 4,244,084 won to the Plaintiff on May 31, 2013 as retirement allowances.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4 (including each number; hereinafter the same shall apply), Gap evidence 5, 10, Eul evidence 5 to 7, Eul evidence 17, the purport of the whole pleadings, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of claim, only KRW 4,244,084 out of the share price of this case is paid and the remaining KRW 5,755,916 (= KRW 10,00,000 - 4,244,084) is not paid. Thus, barring any special circumstance, the Defendant, who is the underwriter of this case, is liable to pay to the Plaintiff the unpaid share price of this case, KRW 5,755,916, and delay damages therefor.
B. The plaintiff's assertion and judgment (1) since the plaintiff agreed on the share purchase price of the non-party company as KRW 10 million on the premise that the non-party company accepts the shares of this case, the underwriter is the defendant as an individual.