logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2020.06.11 2019나56794
주식양도대금
Text

1. Upon the claim that the court changed the exchange in this court, the defendant shall pay to the plaintiff KRW 60,000,000 and this shall apply.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation E (hereinafter “E”) with the purpose of shipbuilding, repair, etc.

(2) The Defendant is a representative director, and the Defendant is a limited-liability company G (hereinafter “G”) with the aim of waterproofing construction business.

(2) The F Co., Ltd. (hereinafter referred to as “F”) was registered respectively as the representative director and in-house director in the corporate register as a company for the purpose of manufacturing steel structures.

B. (1) The total number of F’s issued shares was 20,000 shares, and 8,000 shares of E, 6,000 shares among them were owned by the Plaintiff. (2) On July 14, 2016, the Defendant concluded a contract to acquire F’s shares in KRW 80,000,000 from E to 80,000 shares, and on the same day, entered into a contract to acquire F’s shares in KRW 6,000 from the Plaintiff (hereinafter “instant share transfer contract”) with the Plaintiff to acquire F’s shares in KRW 60,00,000 from the Plaintiff (hereinafter “F’s shares transfer contract”).

3) Pursuant to each of the above shares transfer contracts, the Defendant and B filed a report on the change of shares in the future with respect to F 14,000 shares at the competent tax office. C. F’s dissolution deemed to have been dissolved pursuant to Article 520-2(1) of the Commercial Act on December 3, 2018. At that time, the Plaintiff was registered as an intra-company director and the representative director, respectively. At that time, the Plaintiff did not have any dispute over the ground for recognition. The fact that there was no dispute over the ground for recognition, the evidence Nos. 2 and 5 (including each number if any; hereinafter the same shall apply)

(2) The court of first instance issued an order to submit taxation information on the military production report by the court of first instance, the purport of the whole pleadings, including entry of evidence Nos. 1, 2, 3, and 10

2. Determination as to the cause of action

A. The plaintiff's assertion asserts that the defendant, the actual purchaser of the share transfer contract of this case, is obligated to pay KRW 60,000,000 to the plaintiff according to the share transfer contract of this case.

B. Prior to the determination, oral arguments are presented in the underlying facts.

arrow