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(영문) 서울고등법원 2020.07.10 2019나2035610

양도대금 반환

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following order to pay.

Reasons

1. The reasoning for the court’s explanation as to this part of the underlying facts and the parties’ arguments is as stated in the judgment of the court of the first instance, except for dismissal or addition as follows. Thus, this part of the reasoning is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

On March 19, 2012, the first instance court's third part of the judgment "H was appointed as the representative director of G" means that "the plaintiff was appointed as the representative director of G on March 19, 2012 and thereafter H was appointed as the inside director of G on January 17, 2017."

Part 5, part 6, part 4, part 6, and part 15 of the decision of the court of first instance shall be referred to as the "request of the main office" as the "request of the main office."

Part V through 6 of the judgment of the court of first instance shall be deleted from 5 pages 20 to 6.

Part 6 of the judgment of the first instance court shall add the following contents to the following in Part 13:

Even if the transfer contract of this case was cancelled, the Plaintiff may not claim for the payment of the transfer price as restitution following the cancellation of the transfer contract of this case, since the Plaintiff had been able to demand the performance under the transfer contract of this case again, and the Defendant also agreed to restore the transfer contract of this case which was cancelled.

2. Determination on the main claim

A. On March 24, 2017, the Plaintiff transferred the remainder amount of KRW 335,00,000 under the instant transfer contract to the Agricultural Cooperative Account (Account Number (Account Number) of G, which was engaged in business activities, prior to the payment date of the remainder, and then transferred the remainder amount of KRW 193,928,196 (excluding transfer fees) from the said account on March 31, 2017 to the Defendant, and the Defendant transferred the remainder amount of KRW 193,928,196 (excluding transfer fees) from the said account to the Defendant.