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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On July 26, 2004, the Plaintiff entered into a share sales contract (hereinafter “instant share sales contract”) with D, F, G, and H (hereinafter “D”) that was a shareholder of E Co., Ltd. (hereinafter “E”) and paid KRW 10,000,000 to D, etc. around that time:
Article 1 (Shared Shares) Types and the number of shares to be sold to the Plaintiff by D, etc. are as follows:
1. Issuing company: E;
2. The number of shares sold: F 2,000 Shares G 1,000 G 1,000 shares H 1,000 shares H 1,00 shares.
3. Class of shares to be transferred: Ordinary shares.
4. Face value per stock: 10,000 won;
5.The number of shares issued as of the date of conclusion of this Agreement: 5,000 common shares (the purchase and sale amount of shares of this case) 1. The sale amount per share of this case shall be 2,000 won.
② The total sales amount of the shares of this case paid by the Plaintiff to D, etc. is KRW 10,00,000.
3. If D et al. transfers the shares of this case to the Plaintiff and the Plaintiff pays the amount under Paragraph 2 to F by the power of delegation of a separate prize, the Plaintiff shall be deemed to fully perform the obligation to pay the purchase price of the shares of this case to D et al.
Article 6 (Cancellation or Termination of Contracts) Where any of the following events occurs to D, etc., or any of the subparagraphs of Article 7, or where the statement and guarantee provided for in Article 8 are false, the plaintiff may cancel or terminate this contract without due process, such as prior peremptory notice:
As a result, D, etc. shall compensate the Plaintiff for the total amount of damages incurred to the Plaintiff (including the amount invested, if the Plaintiff purchased the land from F or invested funds in any other reason or form).
Article 8 (Statement and Guarantee of D, etc.)D, etc. states that the following matters are true and true as of the date on which the registration of resignation under Article 4 (5) has been completed after entry into a transfer in the name of the plaintiff as of the date of this contract: