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1. The Defendant’s KRW 109,070,000 for the Plaintiff and KRW 20% per annum from July 7, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. On October 18, 2013, the Plaintiff and the Defendant transferred 248 shares of registered common stocks of C Co., Ltd. (the par value 5,000 won per share) owned by the Plaintiff to the Defendant at KRW 248,00,000,000. However, if the Defendant pays the transfer price to the Plaintiff by October 31, 2013, the Plaintiff entered into a share transfer agreement (hereinafter “instant share transfer agreement”) with the effect that the Plaintiff will transfer the said shares to the Defendant simultaneously with the said payment.
B. At the time of the instant share transfer contract, the Plaintiff and the Defendant confirmed that the Defendant’s agent, the assignee, paid the total amount of the share price, and subsequently, submitted the instant share transfer contract to C to the Plaintiff and provided that the contents of the said contract can be reflected in the register of shareholders
C. Total 14,930,000 won, such as securities transaction tax, etc., arising in connection with the transfer of stocks of this case, was borne by the Plaintiff.
The Defendant later paid KRW 124,00,000 to the Plaintiff as part of the share transfer price pursuant to the share transfer contract of this case.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the balance of 109,070,000 won of share transfer price (=248,00,000 won - 14,930,000 won - 124,00,000 won - 124,000,000 won from the day following the day when the original copy of the instant payment order was served until September 30, 2015, annually 20% from July 7, 2015 to September 30, 2015 under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings before the amendment, and the damages for delay by 15% from the next day to the day of full payment.
3. Judgment on the defendant's assertion
A. The Defendant did not perform the obligation to transfer shares as stipulated in the instant share transfer agreement, and thus, the Plaintiff’s interest in arrears from November 1, 2013.