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(영문) 부산지방법원서부지원 2020.05.14 2017가합103066
주식매매대금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation with the purpose of manufacturing, processing, and selling, etc. of oil pressure tanks and piracy for ship use. 2) Defendant B Co., Ltd. (hereinafter “Defendant B”) was a corporation with the purpose of manufacturing, processing, and selling main products, and was established on March 15, 2007, and was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 1, 2015.

Defendant C served as the representative director of Defendant B from March 21, 2008.

Defendant D is the wife of Defendant C.

B. On February 25, 2010, the Plaintiff, upon the instant sales contract, sold to Defendant C 12,315 won per share of registered ordinary shares (hereinafter “instant shares”) and KRW 657,654,590 per share of the total purchase price (hereinafter “instant sales contract”).

At that time, the Plaintiff delivered documents necessary for the transfer of shares to Defendant C, and the transfer of shares was completed on or around March 4, 2010.

The main contents of the instant sales contract are as follows.

(5) Total purchase price: 65,70,000 won (1) intermediate payment: 65,700,000 won (2) intermediate payment: 328,954,590 won: 65,700 won: 65,700,000 won (6) intermediate payment: 328,954,590 won (6) intermediate payment: 1) intermediate payment: by March 4, 2010: By March 25, 2010, the balance between the buyer and the buyer (Defendant C) shall transfer the purchase price to the bank account designated by the seller (Plaintiff) by March 25, 2010.

Article 6 (Transfer of Share Certificates and Transfer of Shares) (1) A seller shall deliver all documents necessary for the transfer of shares to a purchaser on the date of conclusion of this contract, and an investing company (Defendant B) shall, without delay, enter the purchaser in the register of shareholders as a shareholder for shares to be purchased and sold

(2) A seller shall transfer to a purchaser all the rights to the shares of this case, including tangible and intangible persons who are in progress after the effectiveness of this contract.

C. The amendment of this case.

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