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(영문) 울산지방법원 2020.05.14 2019가단117032
주식인도
Text

1. The defendant expresses his intention to transfer the shares listed in the attached list to the plaintiff, and the above provision to C.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 3 (including additional numbers), the plaintiff, upon receiving a request for investment from the defendant who was the representative director of a stock company C (hereinafter "C") at the time of around 2017, agreed to transfer to the plaintiff the shares listed in the separate sheet (hereinafter "the shares of this case") among the shares owned by the defendant instead of investing a total of KRW 200 million in cash and in kind in Eul. The plaintiff fulfilled the above investment agreement, but the defendant did not transfer the shares of this case to the plaintiff. According to the above facts of recognition, the defendant is obligated to express his/her intention to transfer the shares of this case to the plaintiff and notify the plaintiff that he/she transferred the shares of this case to the plaintiff.

2. On May 14, 2019, the Defendant asserted that, upon resignation from the representative director of C on May 14, 2019, C agreed to deliver cash of KRW 100 million and KRW 27,000 to the Defendant. The Defendant’s obligation to the Defendant and the transfer of the instant shares to the Plaintiff by the Defendant, agreed to implement the obligation to the Defendant and the transfer of the instant shares to the Plaintiff.

However, the evidence produced by the Defendant alone is insufficient to recognize that the Defendant promised to simultaneously perform the obligation to transfer the shares of this case to the Plaintiff and the above obligation to the Defendant C, and there is no other evidence to acknowledge this otherwise.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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