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(영문) 서울고등법원 2015.07.03 2014나33170
주식매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 10, 201, the Plaintiff acquired 40,000 shares out of the capital increase with capital increase issued as of November 10, 201, and 16,000 shares out of the capital increase issued as of December 14, 201, and held the shares of Nonparty Company 56,000 in total.

B. On December 17, 2012, the Plaintiff entered into a contract with the Defendant to transfer 27,000 shares of the non-party company owned by the Plaintiff (hereinafter “instant shares”) to the Defendant at KRW 202,50,000 per share (hereinafter “instant share purchase contract”).

Of the instant sales contract, the part relating to the instant case is as follows.

Article 2 (Payment of Sale Price): Ten percent of the purchase price shall be paid on the contractual date, and the remainder shall be paid until March 30, 2013.

Article 4 (Compensation for Breach of Contract): In the case of violation of the share sales contract of this case, the amount equivalent to 10% of the purchase price and the other party's damages due to the violation shall be compensated for.

C. On December 18, 2012, the Plaintiff received down payment of KRW 20,250,000 from the Defendant for the instant sales contract, and around that time, a transfer of ownership was made for the instant shares in the name of the Defendant. The Defendant did not pay the remainder of KRW 182,250,000 (=the purchase price of KRW 202,50,000 - the down payment amount of KRW 20,250,000) after March 30, 2013, which is the remainder of the payment period.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant’s total sum of KRW 182,250,000 and KRW 20,250,000 (10% of the purchase and sale price of KRW 202,50,000) as stipulated in Article 4 of the Stock Sales Contract of this case, and for this, 202,50,000 and the following day following the due date of payment of the instant shares from March 31, 2013 to August 5, 2013, the delivery date of a copy of the complaint of this case, 5% per annum as stipulated in the Civil Act.

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