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(영문) 대구고등법원 2015.09.08 2014나2809

주식양도대금등

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff and D are siblings, and the Defendant, E, and F are the Plaintiff’s Chok as the children of D, and the co-defendant B of the first instance trial (hereinafter “B”) is the wife of E.

D is the representative director of G (hereinafter referred to as “G”) and the defendant is the representative of H Co., Ltd. (hereinafter referred to as “H”).

B. The agreement between the Plaintiff, the Defendant, and the F (No. 1; hereinafter referred to as the “instant agreement”) is drafted as of March 29, 2010 on the part of the Plaintiff, the Defendant, and the F. The main contents of the said agreement are as follows.

On the other hand, the transferee column of the instant arrangement states that “C, N, Daegu MM building 411 Dong 203, 203,” and the Defendant’s seal impression is affixed next thereto.

【Contents of the Agreement】

1. The Plaintiff transferred 24,00 shares of G and 4,590 shares of G to the Defendant, B, and F (hereinafter “three persons, including the Defendant, etc.”). The Plaintiff transferred shares to three persons designated by the Defendant, etc., and the transfer price shall be KRW 300 million.

2. Three parties including the Defendant, etc. are to sell all or part of the Seogugu-gu I Real Estate (hereinafter “First Real Estate”) and J Real Estate (hereinafter “Second Real Estate”) at the same time, and at the same time pay KRW 300 million to the Plaintiff the purchase price. Until the sale of the first and second real estate, KRW 80,000 per month shall be paid to the Plaintiff at the cost of maintaining livelihood.

C. Three parties, including the Defendant, etc., sold to K on August 27, 2010 766/2595 shares of 2 real estate; on November 18, 2011 of the same year the remaining shares of 2 real estate and 1 real estate, respectively; and completed each registration of transfer on December 10 of the same year.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 and 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The defendant's assertion affixed a seal impression directly to the agreement of this case, and the plaintiff paid the purchase price of shares to the plaintiff pursuant to the agreement of this case.