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(영문) 대구지방법원 2016.12.01 2016나304681
주식대금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 25, 2015, the Plaintiff established E Co., Ltd. (hereinafter “E”) to run a new house construction and sales business.

B. At the time of the establishment of E, the total number of outstanding shares was KRW 5,000 per common share, KRW 10,000 per share per common share, KRW 50,000 per share, and the total amount of capital was KRW 50 million. The Plaintiff owned the total number of outstanding shares and exercised management rights as E’s in-house director.

C. On July 3, 2013, the Plaintiff drafted a certificate of stock transfer (Evidence A 1-1, hereinafter “instant certificate”) with the content that “the Plaintiff transferred 1,500 shares to Defendant B at KRW 10,00 per share.”

[Ground of recognition] Facts without dispute, Gap evidence 1 and 6 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against Defendant C and D

A. On July 3, 2013, the Plaintiff, as the cause of the Plaintiff’s claim, concluded a transfer agreement with the said Defendants on the terms of “the Plaintiff is to transfer 1,500 shares of Defendant C and 2,000 shares per share to Defendant D” (hereinafter “instant transfer agreement”). As such, the Plaintiff is obligated to pay to the Plaintiff KRW 15 million (1,500 x 10,000) as the transfer proceeds under the instant transfer agreement, as the transfer proceeds under the instant transfer agreement, and Defendant D is obligated to pay the Plaintiff KRW 20 million (2,00 x 10,000) and delay damages.

B. We examine the judgment of the defendant C and D's share transfer and takeover certificate (Evidence A No. 2-1 and No. 3-1) cannot be used as evidence since there is no evidence to prove the authenticity of each of them, and there is no other evidence to prove that the transfer contract of this case was concluded between the plaintiff and the defendants.

Therefore, the plaintiff's assertion against the above defendants is without merit.

3. Determination as to the plaintiff's claim against the defendant B

A. On July 3, 2013, the Plaintiff asserted by the parties 1, the Plaintiff’s assertion is KRW 10,000 per share between Defendant B and Defendant B.

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