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(영문) 서울중앙지방법원 2017.01.11 2016가합501625
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 342,00,000 and the interest rate of KRW 15% per annum from January 27, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On October 21, 2013, Nonparty C entered into a share acquisition agreement to transfer 2,00 shares of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) to the Defendant (hereinafter “Nonindicted Company”) at KRW 1.50 billion (hereinafter “first share acquisition agreement”). At the time of the conclusion of the above agreement, Nonparty C entered into a share acquisition agreement to transfer 2,00 shares of the Nonparty Company owned by Nonparty E to Nonparty F with the transfer of 2,00 shares to Nonparty F. Nonparty C pursuant to the first share acquisition agreement and completed the transfer of ownership until the date of transfer. Nonparty C entered into the agreement to reduce the transfer of shares to KRW 4,500,000,000,000,000,0000,0000,000 won and KRW 500,000,000,000,000,0000,000,000 won and KRW 4,000,000,00.

On November 3, 2015, Nonparty C transferred to the Plaintiff the amount equivalent to KRW 342,00,000,000 out of KRW 1.5 billion of the share acquisition price claim, which the Defendant had against according to the first share acquisition agreement on October 21, 2013.

On November 5, 2015, the Plaintiff granted the power of attorney to notify the Defendant of the assignment of claims from Nonparty C, and notified the Defendant of the said assignment of claims, and the said notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, entry of Eul evidence of Nos. 1, 3 through 5, testimony of witness G and the purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant, barring any special circumstance, shall pay to the plaintiff the amount of claim 342,00,000 won that the plaintiff acquired from the non-party C and this shall not apply.

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