매매대금
1. The defendant shall pay to the plaintiff KRW 255,00,000 at the same time with the delivery of the share certificates stated in the separate sheet from the plaintiff.
A. On November 18, 2017, the fact that the Defendant purchased KRW 2550 million (hereinafter “instant share sales contract”) totaling KRW 1700,000,000 from the Plaintiff’s common share (a face value of KRW 100,000 per share) issued by C Co., Ltd. (hereinafter “instant company”) (hereinafter “instant company”) is not a dispute between the parties, and according to the evidence No. 2, the fact that the instant company’s shares were issued as stock certificates can be acknowledged. Thus, the Defendant is obligated to pay KRW 250,500,000 to the Plaintiff at the same time as the Plaintiff received the share certificates corresponding to the shares subject to the said sale, barring any special circumstance.
B. The defendant asserts that since Article 3 of the Stock Sales Contract of this case provides that "the plaintiff shall deliver documents necessary for the transfer of a title to the D Bank, which is a transfer agent of this case, and at the same time the defendant shall pay the purchase price, the plaintiff cannot respond to the plaintiff's claim before the plaintiff performs
According to the statement in Gap evidence No. 1, Article 3 of the share purchase agreement of this case provides that "the purchaser shall pay 150% of the purchase price after this contract shall be paid by May 15, 2018, in full. At the same time, the seller shall pay the purchase price of the shares pursuant to the above paragraph (1) and deliver all the documents necessary for the purchase price of the shares in the name of this case to the D Bank, a transfer agent, in accordance with the agreement between the parties concerned. The buyer’s payment of the purchase price of the shares to the seller under this Article shall be made by transferring the purchase price of the shares to the D Bank, a transfer agent for the company of this case, by transferring the purchase price of the shares to the receiver." Meanwhile, the fact that the company of this case did not select a transfer agent by the closing date of the argument in this case does not conflict between the parties
Pleadings are made in the above facts of recognition.