(영문) 서울중앙지방법원 2018.08.22 2017나79389

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) 서울중앙지방법원 2018.08.22 2017나79389

주식대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”) completed the registration of incorporation on March 16, 2006, and its trade name was D Co., Ltd. at the time of its incorporation, and its trade name was changed to C Co., Ltd. on August 8, 2006, and January 2008, and the Defendant has been working as the representative director.

B. Around May 16, 2006, the Defendant transferred 5,000 shares of the instant company to the Plaintiff, which amounted to 50% of the shares of the instant company, and received KRW 2,508,500 from the Plaintiff on June 23, 2006.

C. On December 29, 2008, the Plaintiff and the Defendant drafted a share transfer contract with the purport that the Plaintiff would transfer 5,000 shares of the instant company to the Defendant at KRW 5,000 per share (hereinafter “instant contract”). D.

Around January 2009, the instant company reported to the head of the tax office having jurisdiction over the said company that 5,000 shares were transferred from the Plaintiff on December 29, 2008 to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 9, 10, 15 (including additional numbers), Eul evidence No. 2 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. As to the Plaintiff’s assertion, the Defendant agreed to pay KRW 25,000,000 to the Plaintiff by December 29, 2008, as stated in the contract of this case, as well as the amount of KRW 25,000,000,000 from the following day of the payment, the Defendant is obligated to pay the Plaintiff the above price to the Plaintiff.

B. Although the defendant's assertion that he had taken over 5,00 shares from the plaintiff, the defendant did not agree to pay 25,000,000 won as the price.

The contract of this case is prepared for the submission of the tax office, and the acquisition price of stocks is different from the actual transaction details.

The Plaintiff agreed to transfer shares without compensation to the Defendant, and even if the Defendant did not recognize transfer without compensation, it would pay the amount exceeding KRW 2,508,500, which is the acquisition price of shares of the Plaintiff.

유사 판례

-서울동부지방법원 2016.08.24 2016가단101458

-광주지방법원 2017.11.14 2016가단527559

-부산지방법원 2019.10.18 2019구합21888

-서울중앙지방법원 2018.02.06 2017가합522759

-제주지방법원 2018.02.05 2017가단53431