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(영문) 전주지방법원군산지원 2014.08.14 2014가합293
주식반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”) is a stock company incorporated on August 13, 199 and the number of shares issued is 20,000 shares, and the per share amount is 10,000 won.

At first, 200 shares of the instant company were owned by D. However, around 202, E and F, the Plaintiff’s father, and F, the Defendant’s mother, acquired KRW 20,000 shares of the instant company from D in KRW 170,00,000 (payment of KRW 140,000,000, in cash, in cash) and distributed the shares to the Plaintiff 13,000 shares, to the Defendant, KRW 1,000, and KRW 6,000.

B. On July 25, 2005, the Defendant received 13,000 shares of the instant company from the Plaintiff. At the time, the agreement between the Plaintiff and the Defendant stated that the transfer of shares of the instant company (130,000,000 won) shall be transferred or taken over, but there is no stipulation on the share transfer price.

C. On October 30, 2013, the Plaintiff sent to the Defendant a written claim for the payment of KRW 130,000,000 to the share 13,000 of the instant company’s shares by certified mail. On November 14, 2013, the Defendant sent a written response to the said claim to the Plaintiff by certified mail indicating his intention of refusal.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, witness G's testimony, purpose of whole pleadings

2. Determination on the claim of this case

A. The plaintiff's assertion 1) On July 25, 2005, the plaintiff decided to transfer 13,000 shares of the company of this case to the defendant 130,000,000 won. However, since the defendant did not continue to pay the share transfer price, the plaintiff cancelled the above transfer contract, and therefore, the defendant must return 13,00 shares of the company of this case to the plaintiff again.

Even if not, the Defendant’s shares of the instant company 13.

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