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(영문) 서울동부지방법원 2016.08.11 2015가단35622
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that on November 30, 2013, among the shares of E Co., Ltd. owned by the Plaintiff, the Plaintiff agreed to sell 3,333 shares to Defendant B and C in KRW 33,30,00, and Defendant D in KRW 23,344 shares to Defendant D in KRW 23,340,00, respectively. Since the Plaintiff changed the name of the shares, the Defendants were liable to pay the purchase price and damages for delay thereof to the Plaintiff.

B. However, there is no dispute between the parties on the fact that the contract for stock purchase and sale (transfer and takeover) as alleged by the Plaintiff was prepared.

However, the following circumstances are revealed by comprehensively taking account of Gap evidence 1 and Eul evidence 1 through 3 (including each number), and witness Eul's testimony. In other words, the above share sales contract does not include the timing of payment, etc., but is an incomplete form of "transfer terms (if any)", and the defendants are transferred the Plaintiff's shares of Eul Co., Ltd. (hereinafter "E") without paying the purchase price under the above sales contract to the Plaintiff. Furthermore, the above shares sales contract was prepared at the time of conclusion of the Dong business agreement with Eul, the representative of Eul and its actual operator, and the defendant Eul, etc., which are the above waste disposal company, and the above shares sales contract was prepared at the time of conclusion of the above shares sales contract with Eul as to Eul. In order to solve the shortage of funds between Eul and Eul, the above shares sales contract was made in the manner that the defendant Eul et al. and the defendant Eul et al. will own the shares equally at least 60,000,000 won of the shares, and the above shares sales contract was made at least 10,0,0.

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