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(영문) 서울중앙지방법원 2015.12.18 2015가합524706

회사에 관한 소송

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1. The defendant is about 3,00 common shares listed in the defendant's list of shareholders (5,000 won per par value) owned by the plaintiff.

Reasons

1. Determination as to the cause of claim

A. On April 7, 2014, the Plaintiff’s common shares owned by C from Apr. 7, 2014 (hereinafter “instant shares”).

10,000,000 won and less than 100,000 won paid by the plaintiff to C at the time of the establishment of the defendant.

The fact that the contract was made in lieu of the payment of the above transfer price is not in dispute between the parties, or that each statement of Gap 1 and 2 obtained by adding the whole purport of pleading to the whole purport of pleading.

B. According to the above facts of recognition, the Defendant is obligated to implement the transfer procedure for the instant shares to the Plaintiff who acquired the instant shares.

2. Judgment on the defendant's defense

A. The Defendant’s defense was returned KRW 70 million out of the instant investment amount from C after the conclusion of the said transfer contract, and again, agreed to invalidate the said transfer contract in cases where the said transfer contract was additionally returned 45 million with D, and thereafter received a refund of KRW 35 million from D on April 16, 2014, and on May 15, 2014.

Therefore, the above transfer contract cannot be complied with the plaintiff's request as it becomes void.

B. According to the evidence Nos. 1 and 2 of the evidence Nos. 1 and 35 million won in the Defendant’s bank account on April 16, 2014, and KRW 10 million in the bank account on May 15, 2014 are recognized. However, there is no evidence to prove that the Plaintiff and D agreed to invalidate the above transfer contract by paying the above KRW 45 million. Thus, the aforementioned defense cannot be accepted.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.