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(영문) 서울중앙지방법원 2020.07.08 2019나41470
주식인도 청구의 소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff), Defendant C, and D are dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. E Co., Ltd. (hereinafter “E”) is a company aimed at importing electric vehicles established on December 20, 2012. The Plaintiff, as a director and representative of the Nonparty Company, owned 10,000 shares of the Nonparty Company while managing the company.

B. Around January 2018, the Plaintiff transferred 8,000 shares out of 10,00 shares of the non-party company owned by the Plaintiff to Defendant B prior to the issuance of share certificates.

(hereinafter “instant sales contract”). C.

The Plaintiff received KRW 50,00,000 from Defendant B on February 3, 2018 according to the instant share purchase agreement, and around that time, delivered to Defendant B 5,500 shares prior to the issuance of Non-Party Company’s share certificates. The remaining KRW 2,500 delivered to Defendant C at Defendant B’s request, respectively, 50 shares for each of the above shares, and the change of holders was made in the future for the Defendants.

On the other hand, on July 23, 2018, the non-party company divided its par value from 10,000 to 500 won, and the details of the shares held by the defendants whose par value has increased by 20 times the number of shares held by the non-party company is as shown in the attached shares list.

(hereinafter “each of the shares of this case”). 【No dispute exists concerning the shares of this case” (which is the ground for recognition), Gap evidence 1 through 9, Eul evidence 2, and the purport of the whole pleadings.

2. Determination as to the principal lawsuit

A. While the Plaintiff asserts that the amount of the price under the instant sales contract was set at KRW 100,000,000, the Defendants asserted that the amount of the instant sales contract was set at KRW 50,000,000.

In light of the following circumstances, Gap evidence Nos. 4, 5 and Eul evidence Nos. 2 and the purport of the entire pleadings, which can be seen in full as the facts acknowledged earlier, the plaintiff urged the plaintiff to pay KRW 50,000,000 which was not paid out of the total price of KRW 100,000,000, and the defendant B and C also sent the plaintiff.

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