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1. The Defendant’s KRW 20 million to the Plaintiff and the Plaintiff’s KRW 5% per annum from December 7, 2015 to July 24, 2017, and the next day.
Reasons
1. Basic facts
A. The Plaintiff is 2015
4.7. The Defendant entered into a contract by which 1,00 shares of a limited partnership C (hereinafter “foreign company”) KRW 200 million (hereinafter “instant acquisition contract”) and paid all the above acquisition price by December 5, 2015.
B. At the time of the instant acquisition contract, D owned 30% of the shares of the sub-party company, but D did not consent to the instant acquisition contract, and accordingly, D did not register it on the non-party company’s roll of members.
C. The Plaintiff notified the Defendant of the cancellation of the instant transfer contract on the ground that the Defendant did not perform the terms of the instant transfer contract.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. Determination:
(a) In cases of a limited partnership company, all or part of its equity shares shall not be transferred to any other person without the consent of other members;
(Articles 269 and 197 of the Commercial Act). (b)
In order to take effect as a limited partnership company, the non-party company's consent is essential for all other members of the non-party company to take effect. Since the non-party company's member E does not consent to the transfer contract of this case, it cannot be deemed that the transfer contract of this case has taken effect.
C. The defendant, the transferor of the contract of this case, upon obtaining the consent of all other members of the non-party company, is obligated to take effect of the contract of this case so that the plaintiff can have the shares of the non-party company transferred to the non-party company finally, and the defendant failed to perform the above duty (the defendant alleged that the plaintiff had obtained the consent of the non-party company E, but the testimony of the witness F alone is insufficient to recognize it, and there is no other evidence to recognize it). The contract of this case is concluded upon the plaintiff's notification that the transfer contract of this case will