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(영문) 부산지방법원동부지원 2016.11.02 2015가단200588

주식대금

Text

1. The Defendant: (a) KRW 30 million and the Plaintiff’s 5% per annum from January 29, 2015 to November 2, 2016; and (b).

Reasons

1. Basic facts

A. On April 8, 2009, the Plaintiff established C with the purpose of wholesale and retail, etc. of medical supplies (value and materials) at 100,000 shares issued and outstanding. The company’s trade name was changed to D Co., Ltd. (hereinafter “D”) on October 29, 2009, and to E Co., Ltd (hereinafter “E”) on March 8, 2010.

B. On March 2, 2010, the Plaintiff drafted a share acquisition agreement with the Defendant and D, setting the transfer value per share of 6,000 shares, at KRW 5,00,000, and transfers the shares to the Defendant (hereinafter “instant share acquisition agreement”).

C. On May 31, 2010, the Plaintiff filed a tax base return and tax base return on the securities transaction tax under the above contract, and paid KRW 150,000 won on the same day.

On January 19, 2011, the Plaintiff was appointed as a representative director E, and resigned on June 9, 201.

E. Meanwhile, the Defendant’s corporate name was changed to D Co., Ltd. on March 16, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6 and 7, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 30 million of the share price according to the terms of the contract for the acquisition of the shares of this case.

B. However, the acquisition by transfer of shares of this case is also an obligation which is not specified in the contract as the due date is not specified in the contract, and its due date is not determined, and it is deemed that the due date has arrived at the time when the complaint of this case against the defendant was delivered by the defendant.

C. Therefore, the Defendant’s payment of KRW 30 million to the Plaintiff and its payment to the Plaintiff shall be 5% per annum under the Civil Act from January 29, 2015 to November 2, 2016, which is the date of this judgment, and the period from the following day to the date of full payment.