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(영문) 서울북부지방법원 2018.01.18 2017가단115016
주식인도청구의 소
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from July 1, 2009 to September 27, 2017.

Reasons

1. Facts of recognition;

A. On April 9, 2009, the Plaintiff lent KRW 90 million to the Defendant, who is the representative director of C Co., Ltd. (hereinafter “instant company”) (hereinafter “instant company”).

(hereinafter referred to as “instant loan”) KRW 90 million b.

Around June 2009, the Defendant repaid the Plaintiff the instant loan amounting to KRW 40 million, and sold KRW 100,000 (hereinafter “instant shares”) of common shares issued by the Defendant to the Plaintiff orally with the Plaintiff for KRW 50,000,00,000 (hereinafter “instant shares”) of common shares issued by the Plaintiff, which were held by the Defendant, for the purchase price of KRW 50,00,00,000, and the payment of the said purchase price shall be substituted by the loan balance amounting to KRW 50,00,00,000,000, and the said procedures for the transfer of shares and the transfer of ownership are to be carried out in the future

C. Since then, the Defendant demanded the Plaintiff to implement the procedures for transferring the instant shares and transferring the ownership thereof, on April 17, 2013, issued and delivered a share holding certificate to the Plaintiff that “the Defendant confirms that the said shares are held in the Defendant’s name on behalf of the Plaintiff who is the actual owner.”

On September 23, 2016 and October 14, 2016, the Plaintiff sent each content-certified mail to the Defendant that “i.e., transfer the instant shares to the Plaintiff and carry out the transfer procedure.” Of them, the content-certified mail of September 23, 2016 was not served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2-3 of evidence Nos. 2 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff is obligated to cancel the sales contract of this case on the grounds of the defendant's default. The defendant is obligated to pay to the plaintiff the purchase price of 50 million won received from the plaintiff according to the above sales contract as restitution following the above rescission. 2) The defendant's assertion company of this case around September 17, 2009.

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