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Reasons
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(영문) 서울고등법원 2017.06.01 2016나2029652
청구이의
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1. Of the judgment of the court of first instance, the part against Plaintiff C, which is equivalent to the following order to pay:

Reasons

1. Basic facts

A. On July 20, 2007, the Plaintiff A and the Defendant established the Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”) as KRW 10,000 per share and KRW 300 million capital for the purpose of real estate sale, lease, development, etc., and the Plaintiff A decided to own 18,000 shares of Plaintiff C (60% of shares) and 12,000 shares (40% of shares) respectively.

B. On January 30, 2010, Plaintiff C’s representative director G entered into a sales contract with the Defendant to purchase 12,000 shares of Plaintiff C, which the Defendant held in the name of a tea (hereinafter “instant share sales contract”) and drafted a written agreement (hereinafter “instant written agreement”). The main contents are as follows.

The C representative Director G (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) shall decide to transfer all of the shares of the Defendant C to G representative director, and agree as follows:

Article 2 [stocks subject to Sale] Stocks held in this name shall be 12,000 shares issued by C with 30,000 shares issued by C, which are 40% of 40% of shares issued by C, as follows:

① The purchase price of shares indicated in Article 3 of the 6,000 common shares 6,000 common shares with a face value of KRW 10,000 (10,000) (1) appears to refer to Plaintiff C in light of the fact that “A” or “B” is stated as a joint guarantor of “B” at the bottom of the lower court, even if the purchase price of shares specified in Article 2 is not specified in the 10,000 common shares (2).

) The sum totaling KRW 471,00,000 and the amount equivalent to the interest accrued therefrom from K including corporation, hereinafter referred to as “related company”) plus KRW 2,00,000,000.

(2) Payment methods of the purchase price stated in paragraph (1) shall be as follows:

1. A and the amount equivalent to KRW 471,00,000 and the interest thereon, borrowed by B or its related company A.

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