(영문) 부산고등법원(창원) 2020.05.07 2019나11909

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(영문) 부산고등법원(창원) 2020.05.07 2019나11909

정산금

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except where the court renders a decision on the assertion that the plaintiff added to this court or written down some contents as follows, thereby citing it as is in accordance with the main sentence of Article 420

2. The third side of the judgment of the court of first instance, the third side of the judgment of the court of first instance, to the 18th side of the judgment, shall be followed as follows.

3) In order to take over E around 2013, the Plaintiff’s Ha paid 50 million won of the down payment to I, J, and K, the owner of the instant shares, but the remainder of the purchase price is unable to be paid due to the shortage of funds, the Plaintiff’s Ha transferred the instant shares to Defendant B with the acquisition of the instant shares and divided the profits therefrom into half.

Around February 10, 2014, Defendant B accepted this and entered into a share acquisition agreement (hereinafter “share acquisition agreement of this case”) with I, J, and K on the acquisition price of KRW 720,000,000 (to acquire KRW 442,00,000 as collateral obligation of this case, cash 278,000,000 as collateral obligation of this case) for the share of this case (the Plaintiff’s name of KRW 4,500, Defendant B’s name of KRW 500, KRW 5,000, and KRW 500 under Defendant D’s name).

4) Pursuant to the instant share acquisition agreement, I, J, and K received 278,00,000 won in cash from Defendant B and H. Of 10,000 shares of this case, 4,500 shares of this case were transferred in the name of the Plaintiff, 5,000 shares in the name of Defendant B, and 5,00 shares in the name of Defendant D, respectively. Meanwhile, out of 278,00,000 shares acquisition price of the above 278,00,000 shares, the Defendant paid KRW 20,000,000 to the above 278,000 shares, and the remainder amount of KRW 78,00,000,000 paid to H, or borne by the Plaintiff or H 5 shares in lieu of the down payment amount of KRW 50,00,000,000 for the remainder of the 78,000 won.

3. Additional determination

A. The summary of the Plaintiff’s assertion is as to the entire shares of this case against Defendant C.

참조조문

-민사소송법 제420조

유사 판례

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