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(영문) 대전지방법원 2020.09.17 2020가합100288
약정금 등
Text

1. The Defendant’s KRW 162,00,000 and the following day for the Plaintiff’s KRW 5% per annum from June 21, 2019 to September 17, 2020.

Reasons

1. Facts of recognition;

A. The Defendant was the representative director of the unlisted Company Co., Ltd. (hereinafter “instant company”), and the Plaintiff was a shareholder who held the shares of the instant company.

8. 10. 0. 20. 8 0. 20. 10. 20. 20. 10. 10. 10,00 3. 20. 10. 25,00 4. 20. 16. 30,000 5. 16. 30. 17. 10. 10,000 4. 20. 30,000 6. 17. 17. 20. 10, 2008 4. 20. 30. 10,000 7. 17. 10. 20,000 7. 20,000 8. 31, 2000,008

B. The Plaintiff deposited KRW 512,025,00 in total with the account in the name of the Defendant or D from September 26, 2016 to January 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Since the Plaintiff transferred 22,90 shares of the instant company to the Defendant from October 25, 2018 to December 28, 2018 as follows, the Defendant is obligated to pay to the Plaintiff KRW 320,500,000 for shares refund agreed to be returned and delay damages therefor.

The appraised value of shares held in the name of 22,900,500,500,000 on October 25, 2018, when the shares held in the name of 6,000,000 on November 6, 2018, when the shares held in the name of 6,000,000 on December 13, 2018, when the shares held in the name of 13,000,000 on December 28, 2018; 162,00,000,000 E

B. The Plaintiff loaned KRW 1.9,00,000 to the Defendant on August 21, 2018, ② KRW 9,000,000 on August 31, 2019, ③ and KRW 7,500,00 on January 30, 2019, respectively, and the Defendant paid KRW 25,50,000 to the Plaintiff (i.e., KRW 9,000, KRW 29,000,000) and damages for delay.

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