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Reasons
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(영문) 서울서부지방법원 2020.01.17 2019나37292
주식반환청구소송
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 2014, the Plaintiff and the Defendant jointly established and operated a stock company C (hereinafter “C”) (hereinafter “C”) and prepared a loan certificate on November 3, 2014 by the Defendant to take over C.

(hereinafter “this case’s loan certificate”). The relevant contents are as follows:

C In respect of KRW 30,00,000 and KRW 10,000 lent by C from the Plaintiff, the loan agreement shall be made as of November 3, 2014, and interest and mortgage provision, return of principal and other details shall be as follows:

(4) After full payment of the borrowed money, C’s shares owned by the plaintiff shall be transferred without compensation to the defendant.

(5) Interest on the above loan shall be one copy per month, and the date of payment of interest shall be the second day of each month, and the return of the borrowed amount shall be prior to December 30, 2015.

B. On June 25, 2015, the Defendant paid KRW 5,000,000 to the Plaintiff (E) and KRW 20,000,000 on November 24, 2015, and KRW 5,000,00 on November 25, 2015.

C. On November 25, 2015, the Defendant acquired C’s shares 7,200 shares owned by the Plaintiff (hereinafter “instant shares”) through a transfer procedure.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 4 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant prepared the instant loan certificate with respect to the Defendant’s acceptance, and the Defendant paid in full the loan amount pursuant to paragraph (4) of the instant loan certificate and transferred 7,200 shares to the Defendant.

The Defendant paid only KRW 5,00,000 on June 25, 2015, and KRW 20,000,000 on November 14, 2015 to the Plaintiff, and unilaterally acquired the instant shares after remitting KRW 5,00,000 to the Plaintiff on November 25, 2015.

However, since the interest rate of KRW 3,064,731 as of February 21, 2019 and the principal amount of KRW 5,000,000 are unpaid, the Defendant is obligated to return to the Plaintiff the remaining shares of KRW 6,200,000, excluding the shares equivalent to KRW 1,000,000 paid as share price.

B. Defendant 2

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