주식인도청구의 소
1. The defendant shall receive KRW 150,000,000 from the plaintiff, and at the same time shares listed in the attached Table shall be paid to the plaintiff.
1. Facts of recognition;
A. On December 2, 2016, the Plaintiff transferred the shares listed in the separate sheet (hereinafter “instant shares”) owned by the Plaintiff to KRW 500,000,000,000, but the sum of KRW 50,000,000 and the intermediate payment of KRW 150,000,000 is paid on the contractual date, and the remainder amount of KRW 350,000,000 is paid on January 20, 2017. However, at the same time as the down payment and the intermediate payment, the Plaintiff concluded a share transfer contract (hereinafter “instant contract”).
B. The Defendant paid to the Plaintiff KRW 100,00,000,000 on December 2, 2016, which is the date of concluding the instant contract, and KRW 50,00,00 on December 5, 2016, respectively, and the Plaintiff issued documents necessary for the transfer of the instant shares to the Defendant on December 5, 2016, and completed the transfer of ownership for the instant shares.
C. However, the Defendant did not pay the remainder of KRW 350,000,000 until January 20, 2017.
Accordingly, on May 12, 2017, the Plaintiff sent a certificate of content that “if the Plaintiff fails to pay any balance as of May 17, 2017, the sales contract will be rescinded without any separate notice,” and the Defendant received it around that time.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings
2. As to the Plaintiff’s claim for the assignment of shares and the performance of the notification of the transfer to C on the ground of the cancellation of the instant contract, on the ground of the instant lawsuit, the Defendant asserted that the instant lawsuit is unlawful, since it was concluded between the Plaintiff and the Plaintiff at the time of conclusion of the instant contract.
According to the evidence No. 2, the plaintiff is recognized as having agreed at the time of the contract of this case that "the plaintiff is extinguished all the rights and obligations of the corporation of this case, and cannot claim to the defendant or the corporation of this case all other legal actions or rights in the future."