지분양도대금 청구의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. The Plaintiff, as an employee of the unlimited partnership C (trade name after the modification: D unlimited partnership company; hereinafter “instant company”), held 30% of the equity shares in investment (the amount of investment KRW 60 million; hereinafter “instant equity shares”), and E, as a representative member of the instant company, held 70% of the equity shares (the amount of investment KRW 140 million).
B. F Co., Ltd. (hereinafter “F”) filed a lawsuit against the instant company and the Plaintiff for the claim of reimbursement on December 8, 2016, the F Co., Ltd. (hereinafter “F”) sentenced that “The instant company and the Plaintiff jointly and severally with F to pay 50,443,835 won and 50,000 won among F, 15% per annum from November 4, 2014 to January 29, 2015; 20% per annum from the next following day to September 30, 2015; and 15% per annum from the next day to the date of full payment.” The said judgment became final and conclusive around that time (Dawon District Court 2014Da68378).
On January 18, 2017, the Plaintiff drafted a written agreement to transfer the instant shares in KRW 10,000,000 (hereinafter “instant agreement”).
(d)
On April 6, 2017, E entered into a contract for transfer of equity between E and G, and E entered into a contract for transfer of equity (hereinafter “instant contract”) with respect to the equity investment shares of the instant company with G, with the following contents:
E Transfer to G 70% of the shares of the instant company in full 140,000,000 capital due to the performance of the entire shares of the instant company, and 30% of the shares of the instant company acquired by the Plaintiff on January 18, 2017 due to the performance of the entire shares of the instant company in full 60,000,000 capital (Additional Agreement), namely, the entire shares of the instant company, under the following conditions:
(a) Total acquisition amount: 66,000,000 won; and
B. On April 7, 2017, payment of KRW 20,000 out of the above subscription price was made up to April 7, 2017. (2) Payment was made up to April 30, 2017 for KRW 16,000,000 out of the above subscription price. (3) Payment was made up to KRW 30,000 out of the above subscription price and KRW 5,500,000 from the remainder of the above subscription price and before the date of this contract.