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(영문) 광주지방법원순천지원 2019.03.27 2018가단77507
대여금
Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual interest thereon from June 4, 2009 to September 10, 2018.

Reasons

1. Facts of recognition;

A. On June 4, 2009, the Plaintiff purchased KRW 50,000 per share 50,000,000 from the Defendant’s representative director, in total, from the Defendant’s purchase of KRW 1,000 per share. At the time, the Defendant listed the said company on the securities market, and agreed to transfer the shares purchased by the Plaintiff three months prior to the listing.

B. The Plaintiff paid KRW 50,000,000 to the Defendant on the day of the above sales contract.

(c).

On August 9, 2013, the above company was decided to commence rehabilitation procedures by Suwon District Court 2013 Ma72, and was not listed on the securities market until now.

On September 10, 2018, the complaint of this case containing the Plaintiff’s expression of intent to cancel the above sales contract on the ground of the Defendant’s nonperformance was served on the Defendant.

E. The Plaintiff received a refund of KRW 40,000,000 from the Defendant’s share purchase price.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 4, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination, since the above sales contract was lawfully rescinded, the defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 10,000,000 won which has not been refunded out of the sales price of the above shares and 5% per annum prescribed by the Civil Act from June 4, 2009 to September 10, 2018, the delivery date of the complaint of this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

The plaintiff's claim is justified and accepted.

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