(영문) 대구지방법원 2017.01.11 2016가단104613

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(영문) 대구지방법원 2017.01.11 2016가단104613

주식인도

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1. The defendant shall deliver to the plaintiff share certificates as to the shares listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. On October 21, 2013, the Plaintiff entered into a contract for share transfer/acquisition (hereinafter “instant contract”) with the Defendant to transfer shares listed in the separate sheet (hereinafter “instant shares”) owned by the Plaintiff in KRW 30,000,000.

The Defendant did not pay the Plaintiff KRW 30,000,000 for the acquisition price of the instant shares by January 26, 2016, and the Plaintiff urged the Defendant to pay the said KRW 30,000,000 to the Defendant by February 16, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. On October 21, 2013, the Plaintiff and the Defendant concluded a contract for transfer and acquisition of the instant shares on the ground of the claim. The Defendant did not pay KRW 30,000,000 to the Plaintiff as seen earlier, and the Plaintiff rescinded the instant contract by delivering a copy of the complaint. It is apparent in the record that the duplicate of the complaint was served on the Defendant on April 12, 2016.

Therefore, since the contract of this case was lawfully rescinded, the defendant is obligated to deliver to the plaintiff the share certificates concerning the shares of this case with restoration to original state.

B. The defendant's defense is asserted to the effect that the contract of this case is null and void, asserting that the plaintiff did not have the right to dispose of the shares of this case since the shareholders of this case were C.

According to the evidence Nos. 1, 1, 200 shares of C, including the shares of this case as of September 3, 2013, it can be acknowledged that C is registered in the register of shareholders as shareholders of D, a common share of 10,000 shares, including the shares of this case as of September 3, 2013. On the other hand, according to the evidence Nos. 3 and 4, the Plaintiff acquired 60,000 shares of the above shares held by C from Sep. 25, 2013, and paid the price in full. Thus, it can be recognized that the Plaintiff was registered in the register of shareholders at the time of the contract of this case.

유사 판례

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