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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
Basic Facts
Defendant and D were legally married couple who completed the marriage report on September 19, 2012.
(Divorce on February 9, 2017). Defendant and D were registered as an internal director of E Co., Ltd. (hereinafter “E”) on September 30, 2013, and the Defendant was registered as E’s representative director on February 26, 2014.
From April 28, 2014 to May 12, 2014, the Plaintiff lent a total of KRW 380 million to D. The Plaintiff paid the said loan to the account in the name of G Co., Ltd. that is substantially managed by D.
D, around July 2014, around 2014, with respect to KRW 200,000,000,000 which the Plaintiff held in the name of the Defendant for the purpose of sale security, etc. as to KRW 435,550,00,000, among the above loans, entered into a share sales contract as follows:
(hereinafter referred to as the “instant contract” or “instant contract”. The type of shares to be purchased and sold: The number of shares in registered ordinary shares (500 won per share): 430,550 shares: B (the Defendant) in selling and buying shares of the Company’s protected deposits (29 November 2014 as of the date of establishment of a pledge), and the buyer A (the Plaintiff) shall enter into a sales contract as follows:
Section 1 (Sale Price) The sale price of the shares of this case is a protected stock, regardless of the actual price of the shares, which is a total sum of gold million won in consideration of changes in the shares, regardless of the stock price.
Article 2 (Sale Price and Method of Payment of Stock) The sale price of stocks shall be 0 million won in total, and the payment shall be made by offset against the amount paid from A to G by a stock company.
In addition, A agrees that B shall receive at the Depository at the same time as the above period of protection of the shares ends, and if A wishes to receive at the Depository, B shall receive at the same time with B, and then B shall do so.