logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.06.08 2017가단115842
해제에 의한 원상회복청구
Text

1. On May 7, 2015, the Defendant against C Co., Ltd. against the Defendant and the Plaintiff Co., Ltd.

Reasons

1. Basic facts

A. On March 30, 2015, the Plaintiff: (a) transferred shares issued by C (only the amount of transfer is stated in the certificate of gift No. 2, and the number of shares subject to transfer is not indicated in the certificate of gift No. 2) (only the amount of transfer is stated in the certificate of gift No. 2) to the Defendant as a means of investment facilitation; and (b) provided that if the Defendant fails to pay shares by April 30, 2015, the date of payment of shares, the Plaintiff would return the shares from the Defendant

hereinafter referred to as "the first transfer contract".

Article 4 (Conditions for Non-performance of Contracts)

1. Where the Defendant fails to pay the transfer proceeds to the Plaintiff by April 30, 2015, the following matters are guaranteed to the Plaintiff:

(Ma) (Supplementary Note omitted) If the defendant fails to pay the transfer price within the deadline, he/she shall restore the outstanding C stocks to its original state.

B. The Plaintiff transferred the shares issued by C to the Defendant pursuant to the first transfer contract, but the Defendant did not pay the transfer proceeds by April 30, 2015.

C. On May 7, 2015, the Plaintiff amended the first transfer agreement with the Defendant and thereby, constitutes a "second transfer agreement" under a comprehensive transfer agreement.

The main contents of Article 2 are as follows: 1,000 shares of C subject to transfer (Article 8.33% of shareholders' loans of approximately 42,082,787 Won 3).

1. 60 million won (=the share price of KRW 17,917,213 is KRW 42,082,787)

2. The Defendant’s payment of the transfer price to the Plaintiff by April 30, 2017 under the terms of transfer Article 5.

3. The Defendant shall pay the Plaintiff interest at an annual interest rate of 5% per annum of the total transfer price until the payment date of the transfer price.

4. The defendant's offering of the defendant's outstanding shares (D owned 398,00 shares, 50,00 shares owned) as security to the plaintiff for guarantee.

D. The Defendant did not pay the transfer price under the second transfer contract, refused to pay the payment, and did not provide the Plaintiff with the secured shares that the Plaintiff would have offered.

E. On February 1, 2017, the Plaintiff rescinded each transfer contract against the Defendant on the grounds of the payment of the transfer price, etc.

arrow