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(영문) 창원지방법원 2016.01.26 2015가단6404
주식인도
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A and Nonparty C owned 2,500 shares of each of 5,000 shares issued against Defendant Il-il Liquor Co., Ltd. (former Co., Ltd., hereinafter “Defendant Co., Ltd”).

B. On February 14, 2013, Plaintiff A and Nonparty C entered into a share transfer agreement with the Defendant to sell 2,500 shares owned by Plaintiff A, and the main contents are as follows.

(hereinafter “instant stock transfer agreement”). - The stock sale price shall be KRW 2500,000,000.

- The liabilities of the Defendant Company shall be KRW 272 million ( worth KRW 130 million, KRW 100 million, KRW 42 million, KRW 42 million) and the amount in excess of this liabilities shall be reimbursed by A and C.

-. The transfer price: (a) the down payment is KRW 10 million; (b) the intermediate payment is KRW 25 million; (c) the payment is made on February 14, 2013; (d) the tax office’s separate payment is KRW 8 million; and (e) the remainder is KRW 2 million; and (e) the payment is made on April 15, 2013;

-. A and C shall repay the debt of the Defendant Company at the rate of 50:50, and if at least three times A, C or the Plaintiff is unable to repay, their shares shall be waived.

(10,000 won per share)

On March 11, 2015, the Plaintiff sent a content-certified mail stating that the contract would be rescinded if the Plaintiff paid the down payment to Defendant B, KRW 10 million, KRW 5 million, KRW 5 million, KRW 8 million, and the remainder of KRW 2 million, which was paid to Defendant B. At that time, Defendant B received the payment.

[Ground for Recognition: Facts without dispute, evidence No. 1 and 6, purport of the whole pleadings]

2. Determination as to the cause of action

A. Defendant B asserted that the Plaintiff purchased shares of KRW 250 million from the Plaintiff to the Defendant Company. In addition to the payment of KRW 25 million, part of the intermediate payment to the Plaintiff, Defendant B did not pay KRW 10 million as down payment, KRW 5 million as part of the intermediate payment, KRW 5 million as part of the intermediate payment, KRW 8 million as part of the intermediate payment, and KRW 2 million as part of the remainder payment. The Plaintiff did not pay the Plaintiff’s default on the obligation of Defendant B.

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