매매대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. D Co., Ltd. (formerly: E Co., Ltd.; hereinafter “D”) is a company established on September 20, 2001 and engaged in packing business, water supply and drainage facility construction business, soil construction business, etc.
The Plaintiff was registered as the representative director from November 29, 2002 to July 20, 201, and Defendant C was registered as D’s internal director from May 11, 2010 to September 22, 2014.
B. At the time of December 2012, D’s total issued shares were 70,000 shares. The shareholder registry of D owned each of 28,00 shares by the Plaintiff and Defendant C, and F owned 14,00 shares by 14,00 shares, and thereafter, the Plaintiff’s shares were transferred to Defendant B.
In addition, on December 27, 2012, the securities transaction tax return under the name of the Plaintiff was filed on the same date, with the purport that the instant shares were transferred from the Plaintiff to Defendant B in the amount of KRW 378,000,000.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4 to 7, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) as to July 20, 201, when the Plaintiff resigned from office as the representative director, and hearing the statement from Defendant C that he would transfer the instant shares owned by the Plaintiff to the Plaintiff and pay the transfer proceeds thereof to the Plaintiff, and around December 2012, Defendant C delegated the transfer of the instant shares to Defendant C. After that, on December 27, 2012, Defendant C transferred the instant shares owned by the Plaintiff to Defendant B in KRW 378,00,000, as the Plaintiff’s trustee, and Defendant C did not pay the instant shares to the Plaintiff, and Defendant C did not perform an agreement that he would pay the transfer proceeds to the Plaintiff if the instant shares are transferred. Accordingly, the Defendants are jointly obligated to pay to the Plaintiff a considerable amount of 378,00,000,000 won and delay damages therefrom.)