(영문) 부산지방법원 2015.04.24 2014가단81135

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(영문) 부산지방법원 2015.04.24 2014가단81135

주식반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 25, 2013, the Defendant entered into a share transfer agreement with the Plaintiff to acquire KRW 7650,000 of the shares issued by C (hereinafter “C”) from the Plaintiff (hereinafter “instant shares”) at KRW 1275,00,00,000.

B. After that, the Defendant asserted that the Plaintiff did not receive share certificates from the Plaintiff even though the Plaintiff paid KRW 20 million out of down payment of KRW 100 million and the remaining amount pursuant to the said share transfer contract, and filed a lawsuit against the Plaintiff and C (hereinafter “Plaintiff, etc.”) seeking the delivery of share certificates as Busan District Court Decision 2013Da234857, Apr. 28, 2014, the following adjustment was established.

(hereinafter “instant conciliation”). ① The Plaintiff, etc. jointly and severally paid KRW 120 million to the Defendant, and the amount of KRW 30 million out of which shall be paid up to July 31, 2014, and KRW 90 million up to October 31, 2014.

② If the Plaintiff, etc. fails to pay the money stated in paragraph (1) at one time, the Plaintiff shall deliver to the Defendant the share certificates of the instant shares, and C shall implement the procedure to change the shareholder name of the instant shares to the Defendant.

In such cases, it is mutually confirmed that the share transfer contract will be effective on October 25, 2013.

[Grounds for recognition] The items in Gap evidence 1-1, 2, Eul evidence 1-1, and the purport of the whole pleadings

2. The assertion and judgment

A. On September 12, 2014, the Plaintiff asserted that the instant shares were transferred to the Defendant in accordance with the instant conciliation. On September 12, 2014, the Plaintiff drafted a written agreement (Evidence A 3 and Evidence B 3) with the Defendant on the management of the company under No. 3148, a notary public D office, etc. (Evidence A 2 and Evidence B) with the Defendant, etc. on September 3, 2014, and drafted a written agreement (Evidence A and Evidence B 4) with the Defendant as of September 4, 2014. At the time of the preparation of the said written agreement and agreement, the Defendant made an agreement with the Defendant as stipulated in the said written agreement, etc.

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