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(영문) 서울고등법원 2016.06.09 2015나2024490 (1)

주권반환등

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3.Paragraph 1. of the text of the judgment of the court of first instance.

Reasons

1. The reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment of the defendants as stated in Article 420 of the Civil Procedure Act, since it is the same as stated in the reasoning of the judgment of the court of first instance.

(However, the part concerning the purchase and sale contract of 288,00 shares of J Co., Ltd. concluded on May 27, 201 in the name of the defendant B withdrawn from the trial (except for the part concerning the purchase and sale contract of 28,00 shares).

A. The Defendants asserted that the sales contract of this case was null and void, and even if they were obligated to return each of the shares listed in the separate sheet No. 1 through No. 3, E received KRW 6 billion from F on April 7, 201, out of the transfer proceeds of stock and management right transfer contract of this case, and pays KRW 4 billion on the same day as the Plaintiff Company’s repayment of the existing debt, etc., and later pays KRW 6 billion in total as the purchase price of the shares under the First Stock Sale Contract of this case (hereinafter “the purchase price of the shares in this case”), and eventually, E pays all the purchase price of the shares in this case to the Plaintiff Company. Thus, E claims that the duty to return the Defendants’ share certificates and the duty to return the First Stock Sale Price of the Plaintiff Company are in the relationship of simultaneous performance.

B. According to the evidence Nos. 6, 3, 4, and 6, F borrowed KRW 6 billion from K on April 7, 201, and on the same day, the above KRW 6 billion was deposited into the Plaintiff Company’s account as a fixed deposit; and F, the representative director of the Plaintiff Company, prepared and issued to the Defendants a receipt to the effect that the payment was made for the instant 1 stock sales contract; and the fact that each share certificate listed in the separate sheet Nos. 1 through 3, which is the subject of the instant 1 stock sales contract, was issued to the Defendants who are E.

However, the above facts and the above evidence alone are only the price of the first stock sales contract of this case 2 billion won.