beta
(영문) 광주지방법원 2019.05.10 2018가합52742

매매대금반환

Text

1. Defendant B (Appointed Party) shall pay to the Plaintiff KRW 89,167,880 and the interest rate thereon from June 19, 2018 to the date of full payment.

Reasons

. Having drawn up a share transfer contract with the content and transferred KRW 49,99,500 in total to the account in the name of the Selection F, G, and H on May 2, 2014, Defendant B lent KRW 49,99,500 to Defendant B.

C. On January 26, 2015, the Plaintiff’s agent L entered into a J share transfer contract with Defendant B (hereinafter “instant share transfer contract”). On January 29, 2015, the Plaintiff transferred KRW 150,000,50 to the account of Appointed F, G, H and network K, and paid the intermediate payment under Article 2(3) of the instant share transfer contract to Defendant B, thereby paying the intermediate payment under the instant share transfer contract.

(5,000,000 won under Article 2(4) of the Agreement on the Transfer of Stocks of a Corporation is not actually paid. Article 1(1) of the Agreement on the Transfer of Stocks of a Corporation (subject matter of transfer) that Defendant B transfers to the Plaintiff is as follows.

(1) Company name owned by Defendant B: (2) Total number of outstanding shares of * 20,500 shares of J. * Total amount of KRW 10,000: 205,000 (4) Electric Construction Business Registration (M): M); Provided, That the total amount of KRW 2013, 2014, and 2015 reported by the N Association is at least KRW 5 billion, and the total number of shares of the OF shares of 200 shares: (5) The Plaintiff pays KRW 205,00,000 as the acquisition price of the object.

(2) The Plaintiff shall substitute for the down payment of KRW 49,99,500, which was already paid on May 2, 2014.

(3) The Plaintiff shall pay 150,000,500 won as an intermediate payment to Defendant B at the time the transfer of the object is completed.

(4) The Plaintiff shall pay the remainder amount of KRW 5,00,000,000 to Defendant B on May 30, 2016.

Article 11 (Special Agreement) (7) Where Defendant B is engaged in tendering and business until the date of transfer, and where the Plaintiff was awarded contracts by electronic bidding in the situation that the Plaintiff has already paid most of the transferred amount, Defendant B shall pay to the Plaintiff 10% of the remaining amount obtained by subtracting the premium from the value of supply of the contract amount to the Plaintiff.

(8) May 30, 2016