주식반환청구의 소
1. The judgment of the court of first instance is modified as follows.
The defendant is paid KRW 200,000,000 from the plaintiff.
1. Facts of recognition;
A. On December 2, 2016, the Plaintiff transferred shares listed in the separate sheet (hereinafter “instant shares”) owned by the Plaintiff to KRW 500,000,000,000, but the sum of KRW 50,000,000 and the intermediate payment of KRW 150,000,000 is paid on the contractual date, and the remainder amount of KRW 300,000,000 is paid on January 20, 2017. However, at the same time as the down payment and the intermediate payment, the Plaintiff concluded a share transfer contract (hereinafter “instant contract”).
B. On December 2, 2016, the date of concluding the instant contract, the Defendant paid KRW 200,000 to the Plaintiff as down payment and intermediate payment. On the same day, the Plaintiff issued documents necessary for the transfer of the instant shares to the Defendant on the same day, and the Defendant completed the transfer of the ownership of the instant shares.
C. However, the Defendant did not pay the remainder of KRW 300,000,000 until January 20, 2017.
Accordingly, on April 24, 2017, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff rescinded the instant contract on the grounds of nonperformance of the Defendant’s obligation to pay the remainder, and the Defendant would have avoided the return of the instant shares to the Plaintiff,” and the Defendant received it on April 25, 2017.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings
2. As to the Plaintiff’s lawsuit on the Defendant’s defense prior to the merits, on the ground that the instant contract was rescinded, seeking the Defendant to transfer the shares of this case to its original state on the ground of the rescission of the instant contract, and to perform the notification of the transfer to C, the Defendant, at the time of entering into the instant contract, made an agreement on the partial lawsuit between the Plaintiff and the
According to the evidence No. 2, the plaintiff at the time of the contract of this case, "the contract of this case is terminated all rights and obligations of the corporation C, and the defendant or corporation C in the future.