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(영문) 대전지방법원천안지원 2017.04.12 2016가단15637
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, along with C, D, etc. around June 2006, acquired and jointly operated E agricultural partnership (title FF farming association after the change), G farming association (title H farming association after the change) and others.

The Plaintiff contributed KRW 65 million to the acquisition fund around that time.

B. On November 23, 2006, the Plaintiff decided to waive the above acceptance business, and entered into a share transfer contract (Evidence A 3, 2000, hereinafter “instant contract”) with C on the purport that the Plaintiff transferred the right to KRW 30% of the Plaintiff’s shares and 65 million to the Defendant.

The transferee of the contract of this case is indicated as the defendant's agent C' and the defendant's seal is affixed thereto.

The details of the instant contract are as follows.

The Plaintiff received KRW 20 million from C on the same day.

1. The plaintiff shall sell 30% of the shares held at the time of establishment E to the defendant.

2. The amount shall be KRW 40 million.

3. All powers relating to 65 million won paid by the Plaintiff shall be transferred at the same time as the down payment is made.

4. The defendant shall pay KRW 20 million at the time of the preparation of this contract, and KRW 20 million at the time of the first installment of policy funds.

5.The remainder KRW 25 million shall be paid from the second progress payment when executing policy funds in E.

C. Meanwhile, the Plaintiff was registered as a director of E farming association and retired from office on June 13, 2009.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 4, Eul's evidence 1 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff prepared the instant contract when concluding a share transfer contract with the Defendant’s agent C, and transferred shares to the Defendant at that time.

Therefore, the defendant shall pay to the plaintiff the remaining share acquisition price of KRW 45 million, excluding the share acquisition price of KRW 20 million which was already paid to the plaintiff according to the contract of this case.

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