(영문) 수원지방법원성남지원 2015.10.21 2015가단203546

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(영문) 수원지방법원성남지원 2015.10.21 2015가단203546

주식대금 등 청구의 소

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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 August 13, 2013, the Plaintiff received a proposal from the Defendant (hereinafter “instant company”) to sell 40% (20% shares) of D’s share (40,000 shares) from the Defendant as a major shareholder of C Co., Ltd. (hereinafter “instant company”) and consented to the offer to sell 20,000 shares (20% shares), and paid KRW 100 million to the Defendant around August 13, 2013.

However, the Defendant did not perform its duty to transfer stocks or shares in accordance with the above agreement until now, and the Plaintiff rescinded the above agreement by serving a duplicate of the complaint of this case.

Therefore, the Defendant should return to the Plaintiff KRW 100 million and the legal interest thereon.

B. As the Plaintiff, the Defendant, and D agreed not only to the obligation and obligation under the following agreements related to KRW 100,000 of the Plaintiff’s assertion, but also to the obligation and obligation under the agreement and the memorandum of payment, it is difficult to accept the Plaintiff’s claim, since the Plaintiff, the Defendant, and D agreed to nullify all forms of transactions or transaction and to waive their rights in relation to the claim and obligation under mutual money transaction or equity transaction (stock transfer and takeover contract).

2. In full view of the following facts and circumstances (Evidence A to 3, B 1 to 28, the purport of the entire pleadings, and the background leading up to the establishment and operation of the company of this case and the involvement of the parties, the background leading up to the payment of KRW 100 million, namely, the process leading up to the execution of the agreement and the statement of payment, the details of the resolution by the board of directors, the degree of involvement of the parties in the sale of the company of this case and the details of the resolution by the board of directors, the degree of involvement of the parties in this case and the circumstances leading up to the institution of the lawsuit of this case, etc., the plaintiff waived the rights pursuant to the agreement or transaction between the company of this case and the shareholders, including the defendant, and waivers of the rights pursuant to the agreement or transaction, such as return of KRW 100

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