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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the defendant adds a judgment on the newly asserted content in paragraph 2, and thus, it is citing it as it is by the main text of Article 420
2. Additional determination
A. 1) The Defendant’s assertion that a written statement of payment was prepared to conclude a stock sales contract is that the Plaintiff purchased C shares held by the Plaintiff (No. 6-4, hereinafter “instant statement of payment”).
The Plaintiff prepared and delivered the instant payment note to the Plaintiff. However, since no specific agreement was reached between the Plaintiff and the Defendant regarding the sale of shares after the issuance of the instant payment note, the instant payment note lost its validity. (2) There is no evidence to support that the Defendant prepared the instant payment note to the effect that the Defendant would purchase the Plaintiff’s C shares, and there is no reason to further examine this part of the Defendant’s assertion.
B. Determination 1 on the assertion of non-performance of the terms and conditions) even though the Plaintiff and the Defendant established a share sales contract based on the instant statement of payment, the Defendant paid the purchase price on a condition of suspension that the surplus funds accrue. However, given that there was no surplus funds to the Defendant, the Plaintiff cannot claim the amount of the agreement on the instant statement of payment corresponding to the purchase price. The Defendant’s assertion on this part is premised on the fact that the share sales contract was concluded between the Plaintiff and the Defendant based on the instant statement of payment. However, it is difficult to regard the instant statement of payment as having been written in the meaning of the sales contract as seen earlier.
In addition, there is no evidence that the monetary payment agreement of this case is accompanied by the conditions as claimed by the defendant.
The defendant's objection.