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(영문) 서울중앙지방법원 2019.07.26 2018가단5262991

계금

Text

1. The Plaintiff:

(a) Defendant B and E respectively KRW 17,000,000 per annum from March 22, 2018 to May 1, 2019;

Reasons

1. Determination on the cause of the claim

A. On February 21, 2018, the Plaintiff, as a stock company, sold 3400 shares issued by Defendant B, D, and E, respectively, to the Plaintiff Company F (hereinafter “Nonindicted Company”) as of March 21, 2018, with the payment period of KRW 17 million, and the payment period of the purchase price as of March 21, 2018. ② Defendant C sold 980 million shares issued by the Plaintiff Company as of KRW 49 million, and the payment period of the purchase price as of March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3, purport of whole pleadings

B. According to the above facts of recognition, the defendants are obligated to pay the above share purchase price and damages for delay after the payment deadline to the plaintiff.

2. As to the determination of Defendant D’s assertion, Defendant D’s assertion that the Plaintiff could not comply with the Plaintiff’s claim because it did not transfer its articles of incorporation to the “Stock Company A” corporation in use. However, the above assertion alone cannot be rejected.

Therefore, Defendant D’s above assertion is without merit.

3. In conclusion, Defendant B and E: (a) the annual interest rate of KRW 17,00,00 for each purchase price and the annual interest rate of KRW 6% from March 22, 2018, the day following the due date for payment of the purchase price, to May 1, 2019 (hereinafter the same shall apply); (b) Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until May 31, 2019; (c) Article 2(2) of the Addenda of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019; hereinafter the same shall apply); (d) the annual interest rate of KRW 15 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 201; hereinafter the same shall apply); and (d) the annual interest rate of KRW 100 and delay 30.