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Suwon District Court Decision 2014Gahap4366, 2015Gahap668 (Counterclaim) against the plaintiff.
Reasons
Basic Facts
A. The Plaintiff is a person who engages in cargo transport business in the Incheon area, and the Defendant is the representative director of C Co., Ltd. (hereinafter “C”) for the purpose of ordinary trucking transport business, etc. (hereinafter “instant company”).
B. On June 7, 2013, the Plaintiff entered into a share transfer contract, and the Plaintiff filed a lawsuit against the Defendant claiming the return of the share transfer price of KRW 60,000,000 on the ground that the shares of the instant company were transferred to KRW 300,000,000 on the same day, but deposited to the Defendant’s account on the same day, and the remainder of KRW 100,000,000 was paid to the Defendant after entering into a share transfer contract with the Defendant to deposit on July 7, 2013, and on the ground that the said contract was rescinded, the Defendant filed a lawsuit against the Defendant claiming the return of the share transfer price of KRW 200,000 on the same day. On February 6, 2015, the Defendant filed a counterclaim seeking payment of KRW 100,000,000 on the remaining shares transfer price of KRW 100.
C. On June 4, 2015, the Plaintiff was sentenced by the first instance court to the effect that “the Plaintiff shall pay 100,000,000 won and interest thereon to the Defendant at the rate of 5% per annum from July 8, 2013 to March 3, 2015, and 20% per annum from the next day to the day of full payment.” The Plaintiff’s claim for the principal lawsuit is dismissed (the case where the Defendant’s claim for the principal lawsuit is dismissed).” (The Seoul District Court Decision 2014Da43666, 205Gahap68 (Counterclaim)) was dismissed, but the appeal was dismissed on May 13, 2016 (Seoul High Court Decision 2015Na2035254 (main claim), 2015Na261 (main claim), and the judgment of the lower court became final and conclusive as the counterclaim. 2016.
[Supreme Court Decision 2016Da225124, 2016Da225131 (Counterclaim)] D.
On June 15, 2015, the Defendant: (a) transferred KRW 21,00,000, out of the judgment amount claim in the Suwon District Court case (hereinafter “judgment money claim”); and (b) on February 20, 2017, the Plaintiff transferred KRW 14,000,000,000, out of the amount of the transfer money and the amount of the transfer money.