(영문) 서울고등법원 2016.04.15 2015나2022906

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(영문) 서울고등법원 2016.04.15 2015나2022906

양수금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds for the court’s explanation on this part are as follows: (a) the second to the 11st to the 16th to the second to the 16th to the following; (b) the evidence listed in the fourth to the 9th to the 10th to the 10th to the 10th to the 10th to the 10th to the 10th to the 10th; and (c) the relevant part of the grounds for the judgment of the first to the 27th to the 10th to the 10th to the 10th to the 10th to the 10th to the 10th to the 10th to the 1

around December 2012, Defendant and D (hereinafter “Defendant”)

A) The Plaintiff agreed to operate a kindergarten business in both the English and English kindergarten business, and the Plaintiff invested KRW 100,000,000 in each of the 50,000,000 won, and the Plaintiff side invested KRW 20,000,000 on the part of the Plaintiff, and KRW 80,000,000,000 on the part of the Defendant, with experience in operating the Korean Private Teaching Institutes. The Defendant requested the Plaintiff to operate the business under the joint name of the Plaintiff, the representative of the Plaintiff, and the Defendant’s representative of the Plaintiff, and the Plaintiff and D two persons, respectively, on February 8, 2013. Under the same agreement, the Plaintiff’s share is 35%, and D’s share is 65%, and D’s share includes 15%, E, and 17.5%, respectively, of the Defendant’s share.

2. Determination as to the cause of action

A. According to the above facts, although there is a dispute between the parties as to the scope of the share transfer subject to the Plaintiff’s share transfer concerning the instant fish farming institute’s business, it is reasonable to view that the Plaintiff transferred all of the Plaintiff’s share to the Defendant as seen below.

B. The Defendant agreed to pay the Plaintiff KRW 150 million in return for the transfer to the Plaintiff by March 15, 2014. Thus, the Defendant is obligated to pay the Plaintiff KRW 150 million and delay damages, barring any special circumstance.

B. Judgment on the defendant's assertion 1 is different from the defendant.

참조조문

-민사소송법 제420조

유사 판례

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