(영문) 인천지방법원 2017.06.28 2016가단202588

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.06.28 2016가단202588

주식반환

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On March 7, 2014, the Plaintiff entered into a sales contract with the Defendant to allocate 500 shares (one share price of KRW 5,000), and 2.6.1,500 shares on June 29, 2014.

B. On October 20, 2014, the Defendant acquired 6,000 shares of the Plaintiff from the former representative director C, and the Plaintiff consented to the said transfer.

(C) The share sales contract of this case refers to the process in which the Defendant holds the Plaintiff’s shares (hereinafter “instant share sales contract”).

On the other hand, on March 11, 2015, the defendant transferred 1,200 shares out of 8,000 shares owned by the defendant to Nonparty D, and the shares owned by the defendant were 6,800 shares.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, 4, and 6 (including paper numbers)

2. Judgment as to the main claim

A. The plaintiff's assertion 1) The plaintiff's shares related to the purchase price of shares that the defendant should pay to the plaintiff are 5,400 shares (the shares to be returned in the attached list, hereinafter "the shares of this case") obtained by deducting 1,400 shares out of 6,80 shares owned by the defendant (90 shares out of 500 shares issued at the early allocation by the defendant from C) 5,40 shares (the shares to be returned in the attached list, hereinafter "the shares

(2) The Defendant, on February 25, 2014, failed to pay the Plaintiff the instant share purchase price of KRW 27 million (5,000 per share x 5,400 per share). The Plaintiff expressed his/her intent to cancel the instant share purchase and sale contract due to nonperformance in the event that the Plaintiff fails to pay the said share purchase price by January 20, 2016, and the Defendant failed to perform the said contract, and thus, the Defendant shall return the instant shares to the Plaintiff as restitution following the cancellation of the instant share purchase and sale contract. 2) As the Defendant’s summary of the Defendant’s assertion, on February 25, 2014, paid the Plaintiff a total amount of KRW 20 million to the Plaintiff as the purchase price, the Defendant did not have any further payment.

B. The key issue of the instant case is regarding the instant share sales contract.

유사 판례

-서울북부지방법원 2018.09.04 2018나31246

-서울서부지방법원 2018.10.11 2017가합37164

-대구고등법원 2014. 01. 10. 선고 2013누10275 판결

-수원지방법원 2018.07.03 2017나79257

-수원지방법원안양지원 2013.10.22 2012가단27405