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Reasons
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(영문) 창원지방법원 2016.01.26 2014가단17902
주식인도 등
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Nonparty C and Defendant B owned 2,500 shares of each of 5,000 shares issued against Defendant Il-il Liquor Co., Ltd. (former Co., Ltd., Ltd., hereinafter “Defendant Company”).

B. Around February 14, 2013, the Plaintiff, Nonparty C, and Defendant B concluded a share transfer agreement with the Plaintiff to purchase 2,500 shares owned by Nonparty C, as follows.

(hereinafter “instant stock transfer agreement”). - The stock sale price shall be KRW 2500,000,000.

- The liabilities of the Defendant Company shall be KRW 272 million ( worth KRW 130 million, KRW 100 million, KRW 42 million, KRW 42 million) and the amount in excess of this liabilities shall be reimbursed by C and B.

-. The transfer price: (a) the down payment is KRW 10 million; (b) the intermediate payment is KRW 25 million; (c) the payment is made on February 14, 2013; (d) the tax office’s separate payment is KRW 8 million; and (e) the remainder is KRW 2 million; and (e) the payment is made on April 15, 2013;

-. C and B shall repay the debt of the Defendant Company at the rate of 50:50, and if C, B or the Plaintiff is unable to repay at least three times, their shares shall be waived.

(Calculation of the face value per share of KRW 10,000).

hereinafter the same shall apply.

(iii) evidence 3, 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Plaintiff received the instant share transfer and repaid KRW 31.8 million to the Defendant Company’s debt, and on the contrary, C and Defendant B did not repay the Defendant Company’s debt. As such, the Plaintiff calculated as KRW 10,000 per share to the extent that the Plaintiff repaid the Defendant Company’s debt, and Defendant B should waive their shares and transfer the shares to the Plaintiff. The Defendant Jeju Liquor Co., Ltd. should implement the transfer procedure for the shares to be transferred to the Plaintiff by Defendant B.

B. In light of the aforementioned evidence and other evidence presented by the Plaintiff, the instant case is examined in view of the following facts.

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