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(영문) 의정부지방법원고양지원 2016.01.28 2015가단78539

주식매매대금 잔금 청구의 소

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3...

Reasons

1. On May 18, 2005, the deceased C, the decedent of the Plaintiff, entered into a sales contract with the Defendant on 145,571 shares of D, a company owned by the deceased C (hereinafter “instant sales contract”). The purchase price is agreed by the Defendant to pay 700,000,000 won on behalf of the deceased C’s Korea Asset Management Corporation by subrogation for obligations and delinquent taxes, etc. against the deceased C, and to pay 700,000,000 won to the deceased C; the above shares exceed the name of the Defendant; the fact that the Plaintiff is the sole heir of the deceased C does not conflict between the parties.

2. As to the Plaintiff’s principal claim, the Plaintiff paid KRW 370,000,000 among the KRW 700,000,000, which the Defendant agreed to pay directly to the network C pursuant to the instant sales contract, and KRW 100,000,000, out of the remainder of KRW 330,000,00, the remainder of KRW 230,000,000, was immediately agreed to pay the loans from the financial institution at the same time as the transfer of holders of the said shares, or when the Defendant receives a loan from the financial institution. Of these, the Plaintiff brought the instant lawsuit claiming that KRW 100,000,000, out of the remainder of KRW 230,000,00,000, as well as the remainder of KRW 230,000,00 on June 7, 207 and July 10, 2007.

However, there is no dispute between the plaintiff and the plaintiff (the plaintiff withdrawn the main claim of this case on the ground of this, but the defendant did not consent thereto). The plaintiff's claim for the remaining payment of the purchase price of this case is without merit.

3. The defendant's judgment on the defendant's counterclaim is alleged to have lent the net C a total of KRW 60,000,000,000 on June 7, 2007 and KRW 50,000,000 on July 10, 2007, to the deceased C upon the request of E who represented the network C, and sought the return of the claim to the plaintiff.

The fact that the Defendant deposited KRW 50,000,000 on June 7, 2007 with the net C’s account, and KRW 50,000 on July 10, 2007, there is no dispute between the parties.

Furthermore, the above KRW 60,000,000 is a loan, and the health belt corresponding thereto is written in the evidence No. 14, and the witness.