Seoul Administrative Court 2008Guhap15220 ( November 26, 2008)

Cho High Court Decision 2007Du4657 (Ob. 21, 2008)

Where stocks which have been provided as security for the implementation of the agreement are acquired pursuant to the failure to reach agreement, it shall not be deemed a gift.

Where stocks provided for the purpose of securing the fulfillment of the agreement are acquired as a result of the failure to reach the agreement, the stocks shall not be acquired without compensation, but the penalty and compensation received due to the breach or termination of the contract shall be deemed to constitute the receipt of the stocks

The contents of the decision shall be the same as attached.

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The Defendant’s disposition of imposition of KRW 781,320,060 on July 12, 2007 against the Plaintiff was revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1 cite a judgment of the court of first instance

The court's reasoning concerning this case is the same as the entry of the reasoning of the judgment of the first instance among the judgment of the first instance except for the following changes. Thus, the court's reasoning is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

○ 2 21 Pc. “Non-payment of consideration on a separate road,” 3 3 , 4 3 , and 5 6 m. “ without compensation, 4 m. without compensation”, respectively.

○ 4 5, 7 8, 7 8 pages, 7 11 of a contract of donation shall be deemed to be “share transfer”, 7 12 of a contract of donation shall be deemed to be “share transfer”, 7 18, 8 15 of a contract of donation” shall be deemed to be “share transfer”, 7 18 m 8 m 15 “share transfer” and 7 m 11 of a contract of donation shall be deemed to be “transfer”, respectively.

○ 7 21 to 14 m (2) fully deleted, and the 8th 15 mix “(3)” is changed to “(2)”.

○ 12 12 22 to 24 changes as follows:

Article 21 (Other Incomes)

(1) Other income shall be the following incomes, other than interest income, real estate rental income, earned income, temporary property income, retirement income, pension income, and forestry income:

10. The end of a penalty or indemnities received due to a breach or cancellation of a contract;

2. Conclusion

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just and therefore, the defendant's appeal is dismissed. It is so decided as per Disposition.