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(영문) 의정부지방법원 2017.06.16 2017가단102303
주식반환
Text

1. The defendant shall return 1,00 shares listed in the attached list to the plaintiff.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On March 30, 2015, the Plaintiff transferred the shares listed in the separate sheet (whether specific shares have been transferred) to the Defendant in KRW 60 million. The date of payment of shares under the transfer contract is up to April 30, 2015, and the Defendant decided to return the shares transferred to the Plaintiff if it did not pay the said shares by the payment date.

B. The Plaintiff transferred the shares listed in the attached list to the Defendant pursuant to the above share transfer contract, and transferred the transfer of ownership. However, the Defendant did not pay KRW 60 million for the said shares by April 30, 2015.

C. C, the representative director of the Defendant, died on December 30, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3, and the purport of the whole pleading

2. The assertion and judgment

A. As to the cause of the claim, there is no dispute between the parties that the Plaintiff transferred 1,00 shares in the attached list to the Defendant pursuant to the above share transfer contract, and the transfer of ownership was completed until the transfer of ownership. In addition to the facts acknowledged in the basic facts, the Defendant must return 1,00 shares in the attached list to the Plaintiff.

(A) The Plaintiff sought the return of 12,00 shares listed in the separate sheet. Thus, the Plaintiff’s share value per share listed in the separate sheet is KRW 5,000, and KRW 60 million is divided into KRW 50,000, and KRW 12,000, it is clear in calculating the facts. However, the above facts alone do not constitute 12,00 shares listed in the separate sheet that the Plaintiff transferred to the Defendant pursuant to the above share transfer contract and transferred to the transfer of entry. Since there is no other evidence to acknowledge it, the Plaintiff’s above assertion is justified within the scope of the above recognition).

As to the defendant's assertion, the defendant is not a final contract, and according to the comprehensive acquisition agreement dated May 7, 2015, which is the final contract, the date of payment of stock price shall be April 2017.

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