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(영문) 서울고등법원 2016.08.12 2015나2043460
주식매매대금 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On October 29, 2010, the Plaintiff and the Defendant concluded a share transfer contract on October 29, 2010) on October 29, 2010, the Plaintiff changed the trade name of Songpa-gu Seoul E, registration number F, and October 25, 201 to G and transferred the head office to H C Dong 1002, Sungnam-si, the Defendant:

hereinafter referred to as “instant company”

(i) 10,449 shares out of the total number of shares issued 220,100 shares (i.e., 72,359 shares in the name of the Plaintiff (i.e., 38,090 shares in the name of the Plaintiff), hereinafter referred to as “instant shares”).

(A) In transferring 1,200,000 won, the following agreements were made in relation to the payment of KRW 1,20,000 (Evidence A, Nos. 2, 5, 7, 1, 9, hereinafter referred to as the “instant agreement”).

(1) Of the purchase price of KRW 1,200,000, KRW 160,90,000 is deemed to have already been paid due to offsetting, etc. against the claim on the loan to the Plaintiff (Article 2(1) and (2)). (2) The Defendant’s payment of KRW 390,00,000 to the Plaintiff five times from March 31, 2010 to October 29, 2010 as the above purchase price (Article 2(3) through (7)). ③ The Defendant’s payment of capital gains tax and securities transaction tax that the Plaintiff is liable to pay to the Plaintiff on behalf of the Plaintiff, and the payment of KRW 110,000,000 to the Plaintiff for that purpose. If the Defendant’s payment of KRW 100,000,000, KRW 3000, KRW 8000, KRW 2000, KRW 8000, KRW 2000, KRW 3000008,20.

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