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(영문) 광주지방법원 순천지원 2018.10.11 2018가합10617
주식매매대금 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 430,428,708 and the interest rate of KRW 15% per annum from April 27, 2018 to the date of full payment.

Reasons

1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1 through 6 (including paper numbers, hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

A. On April 2017, the Plaintiff solicited the Defendant to purchase shares and purchased the shares of the Co., Ltd. Co., Ltd (hereinafter “C”) and Co., Ltd. D (hereinafter “D”) as follows.

The number of stocks issued on April 18, 201, C 201,500 (201,500,000 won on April 19, 2017, KRW 50,240,000 on April 19, 2017, KRW 50,240,000 on April 28, 2017, KRW 100,000 on April 28, 2017, KRW 3,600 on April 28, 2017, KRW 50,40,000 on April 12, 200 on May 25, 2017, KRW 30,100 on the aggregate of KRW C27,100,00 D 12,100 on 140,000 on 327,100 on 30,300,00 on 3010 on D

B. On April 26, 2017, the Plaintiff was granted a loan of KRW 150,00,000 from the Dispute Resolution Co., Ltd., but requested the Defendant to purchase some of C shares as the share price continuously drop.

C. Accordingly, on June 23, 2017, the Defendant is approximately KRW 14,00 per share of 10,714 (=150,000,000 ¡À10,714) and the price per share purchased by the Defendant on April 28, 2017 is approximately KRW 14,000.

(hereinafter referred to as “first-class shares”) shall be purchased, and the above loans shall be repaid by December 30, 2017, and the interest thereof shall be responsible. In the event of nonperformance, an agreement was entered into to immediately repay the amount equivalent to the above loans to the Plaintiff (hereinafter “Agreement 1”), and the Plaintiff received shares from the Plaintiff in the Defendant’s account on the same day.

Since then, the Plaintiff requested the Defendant to purchase the remaining shares (C Shares 16,386, D Shares 12,000) at the price that the Plaintiff purchased.

E. On August 9, 2017, the Defendant sent to the Plaintiff a text message stating that he/she will prepare a loan certificate upon the receipt of the second shares as follows. On August 11, 2017, the Defendant sent the Plaintiff a text message stating that he/she would prepare and give a loan certificate if he/she would receive the second shares from the Plaintiff to the Defendant’s account and inform the Plaintiff of the amount.

F Securities G. H. H.

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