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(영문) 서울고등법원 2017.05.12 2016나2001272
주식양도대금
Text

1. Of the judgment of the court of first instance, the costs of KRW 100,000,000 against the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) and 50,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The joint Plaintiff Co., Ltd. in the first instance trial (formerly changed: Co., Ltd. E; hereinafter “B”) is a company aimed at planning and consulting international conferences, and the Plaintiff was a single shareholder who solely owned 60,000 shares of the total number of stocks B as a director of the company B.

B. B entered “285,668,717 won” on the behalf of “285,68,717 won for the progress of events” on December 31, 2012, through the substitution slips as of December 31, 2012, in order to create a book-keeping of net income per fiscal year at the end of the end of the year 2012.

In addition, on January 1, 2013, through the substitution slips, “285,668,717 won for the progress of events” was written on the side, respectively, on the other hand, “285,668,717 won for unpaid payments”.

(hereinafter “Accounting of this case”). C.

On July 5, 2013, the Plaintiff entered into a contract with the Defendant to transfer to the Defendant all of 60,000 shares B owned by himself (hereinafter “instant share transfer contract”) (hereinafter “instant share transfer contract”). The main contents of the instant share transfer contract are as follows.

The share transfer price shall be KRW 150 million, but shall be paid KRW 50 million on December 31, 2013, KRW 50 million on December 31, 2013, KRW 50 million on December 31, 2014, and KRW 50 million on December 31, 2015, respectively.

(3.2,3.2.1) The defendant shall be fully liable from the date of conclusion of the contract by succeeding to the financial obligations of Attached 2. Special Agreement No. 2-1 as well as the obligation in the specification of the unpaid balance 1.

(3.2.3) and Attachment 2. Special Terms and Conditions 2-1: The obligations in the detailed statement of unpaid balance 355,64,161, actual 273,206,067, in accordance with the principle of good faith, the Plaintiff provided the Defendant with all necessary information and did not conceal or omit important facts.

(7.3) The confirmation and guarantee of the Plaintiff under Article 7 is true and does not violate any code of practice.

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