logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2015.07.23 2014나3354
주식양도 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

(b)transfer and acquisition of this by transfer;

3.The sum of the transfers and acquisitions in accordance with paragraphs 1 and 2 above shall be e.g., the sum of such transfers and acquisitions.

4. Where the obligations of Party A under paragraph (5) are not fulfilled, the details of the stocks of the aggregate to be transferred (in the event that such obligations are not met) shall be as follows:

4.1 Class of shares: the number of shares transferred for 4.2 common shares of surplus and aggregate stock: 20,000 shares transfer value per share: 20,000 won per day.

5. When Gap redeems part of the amount before August 24 (hereinafter “the due date”) in order to fulfill the obligation under paragraph 7, Eul terminates the amount repaid by Eul out of the shares transferred or acquired by transfer and acquisition contract, and return the shares to Gap.

7. A’s obligations are:

7.1A shall be payable to B not later than August 24, 2012, for all purposes, in advance.

7.2No Party A may increase its capital until August 24, 2012.

7.3 If the amount under Section 7.1 cannot be paid by August 24, 2012, A may be transferred to B without any condition.

* The same amount as a Promissory Notes No. 335, 2012.

Defendant B failed to pay KRW 200 million to the Plaintiff by August 24, 2012, which was due on the instant written statement of performance.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5-1, 2-2, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of determination as to the cause of the claim, Defendant B is obligated to transfer the instant shares to the Plaintiff pursuant to the instant agreement, and notify Defendant C of the fact that he/she transferred the said shares to the Plaintiff, except in extenuating circumstances.

B. The summary of Defendant B’s claim is as follows: (a) Defendant B borrowed KRW 150 million from the Plaintiff; and (b) paid KRW 50 million from the loan to the Plaintiff; and (c) the debt to the Plaintiff remains in KRW 100 million; (d) however, the remainder of the principal amount is KRW 100 million due to intimidation by the Plaintiff, including the Plaintiff’s refusal to file a complaint.

arrow