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(영문) 대구지방법원서부지원 2014.06.12 2013가합4518
주식양도대금등
Text

1. Defendant C shall pay to the Plaintiff KRW 226,00,000 as well as 20% per annum from January 14, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and D are siblings, and there are Defendants C, E, and F with D’s children, and E’s wife is Defendant B.

D is the representative director of G, and the defendant C is the representative of H.

B. The agreement in the name of the Plaintiff, the Defendants, and the F (hereinafter “instant agreement”) entered into as of March 29, 2010. The said agreement states that “The Plaintiff, a stock transfer, transferred 24,00 shares of G Co., Ltd. and 4,590 shares of H Co., Ltd. to the Defendants and F, which are the assignee, but transferred shares to a person designated by the assignee, and the amount shall be KRW 300 million. The assignee pays KRW 300 million to the transferor at the same time as the part or whole of the real estate in Daegu, Daegu, and J real estate is sold, and pays KRW 80,00 won per month to the transferor until the said real estate is sold.”

C. On August 27, 2010, the transferee sold 766/2595 shares of J real estate to K, November 18, 2010, the remainder of the real estate in question to Scardilar, Co., Ltd., Ltd., respectively, and on November 18, 2010, on November 18, 2010, the transferee sold the real estate in Daegu-gu to Scardilar, Co., Ltd., Ltd., and completed each registration of ownership transfer on December 10, 2010.

The plaintiff was paid from the transferee the purchase and sale of shares to KRW 100 million and the cost of maintaining livelihood until February 2011.

[Reasons for Recognition] Facts that the plaintiff is a person or there is no dispute between the parties, entry in Gap evidence 1 to 4, the purport of the whole pleadings

2. The Plaintiff asserts that the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of the share purchase price of KRW 200,000,000,000 from March to November, 2013, calculated in proportion to the monthly amount of KRW 80,000,000, out of the share purchase price to the Plaintiff pursuant to the instant agreement.

As to this, the defendants affix their seals to the agreement of this case, but E bears its own seal.

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