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Reasons
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(영문) 서울고등법원 2018.02.08 2016나2089128
주식매매대금
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 26, 2013, the Plaintiff, a shareholder of C (hereinafter “C”) signed a contract with the Defendant to transfer KRW 25,000 shares issued by C (hereinafter “instant shares”) to the Defendant for KRW 500 million (hereinafter “instant share transfer contract,” and “the instant share transfer contract,” and “the instant share transfer contract,” and “the instant share transfer price,” and “the instant share transfer price.”

However, Article 2 of the share transfer contract of this case provides that "the total transfer amount shall be KRW 500,000,000,000 for the contract deposit shall be paid on the date of the contract, and the intermediate payment and the balance shall be substituted by KRW 350,000,000 out of KRW 500,000 for the deposit in the amount of debt repayment." Paragraph 3 of this case provides that "The transferor shall hold 10,000 shares of the transferor and hold 3,400 shares of the transferor and 3,300 shares for H and 3,300 shares for 3,300 shares for 10,00 shares of the transferor. At the same time, the transferee shall deliver the notice of withdrawal of the title trust to the transferee, and the transferee shall notify the above 3,000 shares to each transferee," and Paragraph 4 of this case provides that "The transferee shall notify each of the above three parties."

B. C For the same year as June 28, 2013

7. Each extraordinary shareholders meeting was held on 17. A resolution was adopted at each of the above general meetings with the purport that “it is no longer possible to continue its management due to the decline in the operation of a company’s vehicle and the bad debts, etc., and it is used to repay the company’s obligations by selling transportation business licenses and motor vehicles.”

C. On July 17, 2013, C agreed to transfer all business rights, such as C’s taxi transport business license and ownership of 71 taxi for business use (hereinafter “instant license and automobile”), to E with E on July 17, 2013, and down payment is 200 million won.

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