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(영문) 서울고등법원 2015.03.04 2014나2005997
주식매매대금반환 등
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On March 9, 2012, the Plaintiff entered into a contract with the Defendant to purchase KRW 650,000,000 per share of KRW 6,500 per share (hereinafter “instant sales contract”). The content of Article 5 of the instant sales contract (hereinafter “instant clause”) is as follows.

(hereinafter referred to as "transferor" of the right under the key issue clause of this case. (BUY-BCK condition for the sale goods) The "transferor" shall repurchase this article from the "signor" at the price, including the purchase price specified in this contract for this article (Article 4) and all incidental expenses for the transfer of the goods (sale shares) and the securities transaction tax, etc., at the price, where the "transferor" requests the re-purchase of this article within 30 days from the date of the request, where the "transferor" does not complete the listing or preliminary review and approval of the KUYTTTT by December 30, 2012 after one year from the date of the transaction of the common stock owner of the KUYTTTTTTTT, the listing of which is not completed by December 30, 2012.

B. According to the instant sales contract, the Plaintiff paid KRW 650,000,000 on March 12, 2012, and was transferred from the Defendant to the securities account in the name of the Plaintiff, which issued the Plaintiff’s educational guarantee right.

Then, on the same day as indicated in the attached Table, the Plaintiff calculated the entire shares of this case as KRW 7,00 per share and sold them to a third party (hereinafter “ nine persons, including B, etc.”) and transferred them to the securities account in their names, and did not enter into an agreement with nine persons, including B, etc. on the same day, as indicated in the attached Table, and did not notify the agreement.

In addition, on April 19, 2012, the Plaintiff purchased 20,000 shares of the issuance of Natech from the Defendant for KRW 65,500 per share, and KRW 150,000 shares of Thaitech on July 6, 2012, respectively, for KRW 4,300 per share, but did not conclude an agreement as stipulated in the instant issues clause.

(c) Tae JinTT.

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