logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.19 2016가단41553
주식대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts - Defendant B and Nonparty I, the representative of the shareholders of G (former trade name H; hereinafter “G”) located in Asan City F, sold to the Plaintiff on February 24, 2010 the total of KRW 1,084,695 (“J”) shares of G and the shares of friendly shareholders [3% of shares, 360,532 shares of Defendant B and I, 193,675 shares of Defendant B and I, 96,757 shares of I related shares of I, 96,757 shares of I related shares, and 43,731 shares of I, 43,731 shares of shares of I which require cooperation of Defendant B). The management right of G was transferred to the Plaintiff, and the management right of management was transferred to the Plaintiff.

J paid the down payment of KRW 1.8 billion and the intermediate payment of KRW 700 million on the same day.

- After the conclusion of the above contract, there was a legal dispute between the Plaintiff and the Defendants regarding the purchase and sale of shares, such as the non-performance of the I contract and the case of temporary disposal of shares.

In order to resolve the above dispute, on October 27, 2010, the Plaintiff prepared a basic agreement to purchase shares owned by Defendant B, etc. in KRW 6 billion (excluding the amount paid under the contract concluded on February 24, 2010), and paid KRW 1 billion to the Defendant B.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, 3, and 5

2. On April 26, 2011, the Plaintiff and the Defendants (Defendant B 140,532, Defendant C 40,000, Defendant D20, Defendant E20, and Defendant E 40,000 shares) agreed to purchase the total amount of KRW 240,532 shares and the right to new shares in total amount of KRW 5 billion, and the down payment of KRW 1 billion paid by the Plaintiff to Defendant B on October 27, 2010. The intermediate payment of KRW 2.7 billion was paid on April 26, 2011, which was the date of the said contract.

In addition, 100 million won out of the remainder of 1.3 billion won (payment in 10 million won each month between 10 months and 10 million won) was paid.

- The Plaintiff was transferred the share certificates of 240,532 shares (hereinafter “instant shares”) from the Defendants.

- The plaintiff entered into the above contract to take over management rights of G.

arrow