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(영문) 서울동부지방법원 2021.03.25 2019가합105625
주식양도대금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) established C (hereinafter “C”) as the representative director of D Co., Ltd. (hereinafter “D”), the Defendant managed D with D, a director of D in-house, as the representative director of D Co., Ltd. (hereinafter “D”). D decided to invest KRW 2 billion in the name of preparing projects for F and G and used motor vehicle sales facilities and raising funds to establish C for the establishment of a special purpose corporation for the pertinent project. In fact, D established C by contributing KRW 2 billion.

2) Shares in C were issued according to the agreement that the Plaintiff would own shares in G 49%, F 36%, and D 15%, respectively, at the time of establishment of C.

B. On September 25, 2017, the Plaintiff drafted a letter of resignation that he/she would resign from office as a director of C on September 25, 2017. The Plaintiff was holding as of the same day.

C draw up a letter of waiver of shares (hereinafter referred to as “written waiver of shares of this case”) to the effect that the shares of 196,000 shares issued by C (hereinafter referred to as “the shares of this case”) are renounced.

2) On October 12, 2017, a certificate of stock transfer (hereinafter “certificate of stock transfer”) was prepared with the purport that the Plaintiff would transfer the instant shares to the Defendant in the amount of KRW 980 million for transfer proceeds.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 6, 8, and 9 (which include numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff agreed to transfer the instant shares to the Defendant at KRW 980 million and transferred the instant shares to the Defendant on October 12, 2017.

Therefore, the defendant is obligated to pay to the plaintiff the price of KRW 980 million and the damages for delay from the day following the day of the above transfer to the plaintiff.

B. The Defendant’s assertion that the share transfer certificate of this case was prepared in convenience for the Plaintiff’s return of income tax, and the Defendant agreed to acquire the shares of this case from the Plaintiff in KRW 980 million.

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