beta
(영문) 울산지방법원 2018.02.07 2016가단26968

매매대금 등

Text

1. The Defendant’s KRW 150 million with respect to the Plaintiff and the following: 5% per annum from December 5, 2012 to December 29, 2016, respectively.

Reasons

1. As to the cause of the claim, Gap evidence Nos. 1 and 2-1 (the stock transfer contract, and the defendant's seal in the part of the document is presumed to have been authentic. As to this, the defendant asserts to the effect that the plaintiff would not participate in the management of the corporation and would make a report on the transfer of the plaintiff's shares to another person at the district tax office having jurisdiction over the district tax office having jurisdiction over the transfer contract without the defendant's consent. However, there is no evidence to acknowledge the defendant's assertion of forgery, the defendant's assertion is not accepted), Gap evidence Nos. 2-2, Gap evidence Nos. 2, 3, 4, and the whole purport of oral argument, the plaintiff can be acknowledged as having entered into a sales contract with the defendant around November 2012 as the purchase price of KRW 150 million (the price of one million per share), and the defendant will pay the purchase price up to December 14, 2012.

Therefore, the Defendant is obligated to pay to the Plaintiff 150 million won of the purchase price of shares and damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from December 5, 2012 following the date of payment of the agreed purchase price to December 29, 2016, which is the date of delivery of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's argument on the defendant's assertion argues that the plaintiff did not actually pay the share price for the shares of this case acquired at the time of incorporation when establishing C corporation with D, etc. as a partnership business, and that D and D who were partners due to difficulties in the management of the company, withdraw from the partnership business relationship, and gave up the shares of this case, and agreed to gratuitously transfer them to the defendant designated by D.

The Plaintiff renounced the shares of this case and transferred them to the Defendant without compensation.