매매대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. On November 20, 2009, the Plaintiff entered into a share sales contract with the Defendant on the ground of the claim that the Plaintiff sold 200,008 shares of registered common shares issued by the Plaintiff Co., Ltd. (hereinafter “C”) for KRW 500 million to the Defendant, and the Defendant would pay the said KRW 500 million to the Plaintiff by June 30, 2010 (hereinafter “instant sales contract”). There is no dispute between the parties.
According to the above facts of recognition, the Defendant, barring special circumstances, is obligated to take the procedure for the transfer of the instant shares from the Plaintiff and pay the Plaintiff KRW 500 million to the Plaintiff at the same time.
2. Judgment on the Defendant’s assertion of rescission of agreement
A. The gist of the Defendant’s assertion was that the instant sales contract was rescinded orally between the Plaintiff and the Defendant around the time when one month elapsed from November 2009, which was the date of conclusion of the contract.
Even if not, on June 29, 2010, the Defendant sent to the Plaintiff a certificate of content that the instant sales contract will be rescinded, and as the Plaintiff did not raise any objection, the instant sales contract was implicitly rescinded at that time.
B. Determination 1) The rescission of a contract may be carried out not only explicitly but also by implied agreement between the parties. In order to recognize an implied rescission of a contract, the mere fact that both parties have failed to perform their remaining obligations over a long-term period of time upon the conclusion of the contract and the performance of part thereof is insufficient, and the contract ought to reach the extent that both parties are able to be deemed to have either the intent to realize the contract or to have the intent to waive the contract. In this case, whether both parties have either the intent to realize the contract or the intent to waive the contract ought to be determined by comprehensively taking into account the various circumstances after the conclusion of the contract (see Supreme Court Decision 201Da1058, Feb.