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(영문) 서울북부지방법원 2017.10.31 2016가단36840
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C owns 100% of the shares of the Defendant Company as an internal director of the Defendant Company.

B. On April 29, 2013, the Plaintiff entered into a contract with C to acquire shares of the Defendant Company, and the Plaintiff agreed to develop and pay the purchase price to Pyeongtaek-gun, Gangwon-do (hereinafter “instant real estate”) owned by the Defendant Company, and entered into a share transfer contract with the following contents:

(hereinafter “instant share transfer contract”). The Plaintiff paid C the down payment of KRW 10,000,000.

A seller of stock transfer contract: B (B) buyer: Terms and conditions of the Plaintiff’s contract;

1. The assets and stocks owned by the defendant in Pyeongtaek-gun, Gangwon-do shall be transferred;

2. The amount of sales shall be three hundred thousand won; and

3. 10,000,000 won shall be paid as down payment, and 50,000,000 won shall be paid after completion of the first earth and sand of 1,500 square meters, and 120,000,000 won shall be paid after completion under the same condition as the second construction.

The third construction works are also the same condition as the second construction works, and when the land has been unsold in lots, the third construction works shall settle accounts of the land in 200,000 won per square year and pay it to the land in balance.

4. The seller and the buyer agree to jointly develop D.

Responsibilities of Seller;

(a) incorporate E/F land into approximately KRW 7,000,000 in a lump sum, and G purchase approximately KRW 10,000 per square;

(b) At this time, the purchaser shall pay the purchase price.

(c) to obtain a loan of approximately KRW 200,000,000 in the financial sphere as D shares;

The seller has about 45% of shares.

E. The cancellation is to be made within 90 days after the contract of a lawsuit seeking cancellation of H’s interruption of prescription.

C. However, the Plaintiff did not perform civil engineering works on the instant real estate, and did not pay intermediate payments and remainder to C.

On the other hand, the plaintiff was unable to transfer the real estate of this case or perform the stock transfer contract of this case.

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