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(영문) 수원지방법원성남지원 2015.02.03 2014가단25275
주식양도대금
Text

1. The Defendant’s KRW 33,00,000 and the annual rate of KRW 5% from July 2, 2014 to February 3, 2015 to the Plaintiff, and the following.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”) was established on May 4, 2005, and on May 13, 2005, the total number of outstanding shares was 42,000 shares (one share amount of KRW 5,000). D, the Plaintiff’s husband, owned 16,80 shares (40%) and 12,60 shares (30%) respectively.

D. The Plaintiff, the Defendant, and the Defendant borrowed KRW 110 million in total, including KRW 10 million on May 3, 2005, and KRW 100 million on May 12, 2005, and KRW 100 million on May 12, 2005, and paid the share capital. Specifically, D borrowed KRW 44 million and KRW 33 million, respectively.

B. 1) The Plaintiff, on July 19, 2005, transferred 600 shares of the instant company’s shares to non-rinks in the purchase price of KRW 30 million ( KRW 50 million per share), set off the above purchase price claim and the Plaintiff’s loan claim against the Plaintiff within the same amount, and separately repaid the remainder of the loans amount of KRW 3 million.2) The Defendant also transferred 6600 out of the shares of the instant company to non-rinks in the purchase price of KRW 33 million ( KRW 500 per share), and set off the above purchase price claim and the Defendant’s loan claim against the Defendant of non-rink electronic.

On the other hand, around June 2005, the defendant paid interest on the debt of the above loans to the non-cases electronic to the non-cases electronic company from the date of the offset.

3) On September 8, 2005, D also transferred 16,800 shares, all of the shares of the instant company, to non-cases electronic, for purchase price of KRW 84,00,000 per share ( KRW 50,000 per share) and set off the above purchase price claim and loans to non-cases electronic, within the same amount. [The facts that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 4-7, 9, and 10, and the purport of the entire pleadings, as a whole.

2. Determination

A. The plaintiff on July 19, 2005 No. 1.B.

1) On the same day, when transferring 6,000 shares of the instant company’s shares to non-cases electronic pursuant to paragraph (1), the Defendant transferred 6,600 shares of the instant company’s shares to KRW 33,00,000 per share (5,000 per share).

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