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(영문) 광주지방법원 2017.11.23 2016가합58760

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On July 2, 2013, the Plaintiff and the Defendant entered into a share transfer contract with the Defendant that transfers 28,200 shares of C Co., Ltd. (Co., Ltd. (Co., Ltd. (hereinafter “C”) to KRW 282,00,000. Accordingly, the Defendant completed the transfer procedure for the said shares. Accordingly, the Plaintiff is obligated to pay KRW 282,00,000 to the Plaintiff for the share transfer price.

B. On July 2, 2013, the Defendant and the limited liability company, and C concluded a service contract with the content that the sex development of the limited liability company produces and sells soil and stones at the collection site of earth and stones, and the Defendant was assigned 28,200 shares in the name of the Plaintiff for the purpose of the performance security of the above service contract, and thus, there is no obligation to pay the Plaintiff the share transfer price.

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 through 3, the Plaintiff and the Defendant concluded a share transfer contract (hereinafter “instant share transfer contract”) with the content that the Plaintiff transfers C shares 28,200 shares (hereinafter “instant shares”) to the Defendant around July 2, 2013, and the fact that the transfer procedure for the instant shares was completed in the future of the Defendant pursuant to the share transfer contract can be acknowledged pursuant to the share transfer contract.

B. However, in full view of Gap evidence Nos. 5, Eul evidence Nos. 1 to Eul evidence Nos. 3-1, 2, Eul evidence Nos. 6, and witness E's testimony, the following facts can be acknowledged.

(1) On March 8, 2011, F Co., Ltd. (the Plaintiff’s representative) entered into a contract with G, a representative of C, to take over C’s shares and corporate body KRW 165,00,000. Accordingly, the transfer procedure for C’s shares 40,200 was completed in the future of the Plaintiff.

(2) On July 2, 2013, the Defendant produced and sold rocks at the collection site of soil and stones by a limited liability company C and the limited liability company, and the Defendant paid a certain amount of profits to C.