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Reasons
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(영문) 광주지방법원해남지원 2019.02.19 2018가단201600
양수금
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1. The Defendant’s KRW 40,000,000 and its amount are 6% per annum from July 18, 2018 to February 19, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and C established a corporation D (hereinafter “D”) to engage in the business of processing and selling waste materials as plastic materials, and became a promoter for the establishment of the said corporation.

B.D completed the registration of incorporation on August 4, 2016.

C. At the time of establishment D, only 10,00 shares with face value of KRW 10 million were issued, and 5,000 shares were allocated to the Defendant, 4,000 shares to the Plaintiff, and 1,000 shares to C, respectively.

The transferee of the Plaintiff’s shares: The Defendant

1. Trade name of the shares to be transferred: The amount of shares to be transferred to D: 10,000 won: The above amount of shares to be transferred to 40,000 won: the above amount of shares to be transferred to 40,000,000 won appears to be a clerical error in the above stock company;

such shares shall be paid to the transferor within 30 days from the date of the contract in the manner that the said shares are transferred and received in full.

2. The transfer date of the above stocks shall be the date of a contract;

However, it is premised on the performance of the obligation to pay the price under paragraph (1).

On July 24, 2017, the Plaintiff and the Defendant concluded a contract to transfer all D shares owned by them to the Defendant, and drafted a share transfer contract with the following contents (hereinafter “instant contract”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4 and 5, the purport of the whole pleadings

2. The parties' assertion

A. On July 24, 2017, the Plaintiff transferred the Plaintiff’s 40 million shares (hereinafter “instant shares”) owned by the Plaintiff to the Defendant at KRW 40 million, and the Defendant agreed to pay the said price within 30 days from the date of the conclusion of the contract. As such, the Defendant is obligated to pay to the Plaintiff the purchase price of the instant shares at KRW 40 million and delay damages from August 25, 2017, which is the date following the agreed payment date.

B. The Plaintiff and the Defendant jointly establish D.

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