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(영문) 서울중앙지방법원 2015.11.12 2015가합528951

매매대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the parties 1) C Co., Ltd. (hereinafter “Co. D”) was changed on October 5, 2015.

hereinafter referred to as “C”

(2) The Plaintiff is a company that runs the construction business of civil engineering, construction, electricity, equipment, packing, etc., and its representative director is E. (2) The Plaintiff is its father, who is its father.

The defendant is the birth of F inf's deceptive G.

B. On December 18, 2007, the Plaintiff entered into a sales contract for shares (hereinafter “instant sales contract”) with the content that the Plaintiff sells KRW 60,000 common shares (hereinafter “instant shares”) with a face value of KRW 5,000,000 in the name of the Plaintiff to the Defendant at KRW 300,000,000.

C. C’s current shareholder status and entry of entry of change in C’s shares in 2007 to C, the statement on changes in C’s shares in 2007, stating that H 30,000 shares, I 60,000 shares, E 8,000 shares, the Plaintiff 60,000 shares, F 50,000 shares, and J 9,000 shares. (2) At the time of the preparation of the instant sales contract, the entry of change in the name of the Defendant was made in relation to the instant shares.

3) Meanwhile, at the time of the transfer of entry in the name of the Defendant with respect to the instant shares, a transfer of entry was made in the name of K with respect to 31,500 shares out of 60,00 shares C in the name of K, and with respect to 10,00 shares in the name of H, and a transfer of entry was made in the name of M with respect to 30,00 shares in the name of H with respect to 30,00 shares in the name of H, and a transfer of entry was made in the name of E with respect to 50,00 shares in the name of H with respect to 50,00 shares in the name of F. [Grounds for recognition] of absence of dispute, Gap evidence 1,2, Eul evidence 1,2, Eul, 1,2,6,8 shares

each entry, the purport of the whole pleading

2. The parties' assertion

A. On December 18, 2007, the Plaintiff asserted that the Plaintiff sold the instant shares to the Defendant for KRW 300 million, and around that time, the Plaintiff completed the transfer procedure under the name of the Defendant regarding the instant shares.

Therefore, the defendant is entitled to KRW 300 million for the purchase price of the shares of this case to the plaintiff.