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(영문) 대전지방법원 2021.01.27 2020나100398
주식양도대금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be filed.

Reasons

1. Basic facts D Co., Ltd. (hereinafter “D”) is a company established on November 26, 2010 and engaged in forest aggregate extraction business, etc., and the Plaintiff was a representative director of D.

D. On March 14, 2013, at the request of creditors F, debtor D, joint and several guarantors, C, debt C, debt amounting to KRW 150,00,000, due date, and debt repayment (quasi-consumption lending and borrowing), which was due on October 30, 2013, was completed on March 14, 2013 by a notary public (No. 645, J Law Firm 2013, hereinafter referred to as “the instant fair deed”).

On June 7, 2013, the Plaintiff drafted an agreement with the effect that C, a creditor of D, would gratuitously transfer D’s all shares to C (hereinafter “instant agreement”) by demanding the performance of joint and several sureties from E Co., Ltd. (hereinafter “E”) and F, a creditor of D, the Plaintiff’s waiver of D’s shares, as well as by demanding other shareholders to collect each letter of waiver of rights.

The above agreement has both the D representative director and the Plaintiff’s personal seal affixed to the agreement.

On October 27, 2014, the Plaintiff, K (L’s representative qualification), and C drafted a written agreement on performance of duties (hereinafter “instant agreement on performance of duties”) with the purport that “At present, shareholders M, N, andO three shall dispose of the Plaintiff’s forfeited shares on the responsibility of the Plaintiff, and distribute D shares to Plaintiff 50%, K 35%, and C15%.”

On January 11, 2017, after two or more years of time have elapsed, the Plaintiff, K, and C drafted an additional agreement stating that the agreement on the performance of the instant work will be implemented as original.

On March 24, 2016, the Plaintiff entered into a contract for share transfer with the Defendant to transfer KRW 300,000 (hereinafter “instant share transfer contract”) of the purchase price of KRW 45,00,000 to the Defendant in a state of non-issuance of share certificates (hereinafter “instant share transfer contract”). The purpose of the list of shareholders of D lies in the Defendant holding 30,000 shares of D.

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