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(영문) 수원지방법원성남지원 2015.11.06 2015가단1818
주식대금
Text

1. The Defendant amounting to KRW 55,959,00 and the Plaintiff’s KRW 20% per annum from March 6, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On April 24, 2014, the Defendant was sentenced to imprisonment with prison labor for up to eight months on the grounds of criminal facts by deceiving the Plaintiff and receiving property of KRW 95,950,000 in total (hereinafter “instant shares”) by deceiving the Plaintiff at the Seoul Central District Court (Seoul Central District Court 2013Ma8371), and the Defendant appealed and was sentenced to a suspended sentence for two years on September 4, 2014 at the appellate court.

(Seoul Central District Court 2014No1643). (b)

On November 23, 2011, the Defendant sold 8.000 shares out of the instant shares, and ordered the Plaintiff to deposit KRW 30 million out of the price, and deposit KRW 10 million for the Plaintiff prior to the pronouncement of a criminal first instance judgment against the Defendant.

The Defendant transferred KRW 35 million to the Plaintiff and notified C of the transfer.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the unpaid share price of 55,950,900 won (95,950,000 won - 40 million won) to the plaintiff, barring any special circumstances.

B. The Defendant’s assertion 1) The other party to the transaction of the instant shares is not the Plaintiff and the Defendant, but D, the Plaintiff’s account under the Plaintiff’s name, and the Defendant trades with the account in the name of E, his father, from October 20 to October 31, 2012, with D and the Defendant.

B) Since the Defendant transferred 35 million won to the Plaintiff and notified the transfer to C, the above amount should be deducted. (C) Since the Defendant repaid 1.5 million won to D on October 20, 201, the sum of KRW 1.5 million on November 28, 2011, which is KRW 1.5 million to the actual trader, the Defendant must deduct this part. In addition, the Defendant lent 2 million on February 5, 2005, KRW 1 million on February 7, 2005, KRW 2 million on February 21, 2005, and KRW 15 million on February 21, 2005, and KRW 1.5 million on June 1, 2005, to the Plaintiff’s account, this part must be offset.

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