(영문) 창원지방법원 2020.09.24 2019나64041

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(영문) 창원지방법원 2020.09.24 2019나64041

주식인도청구

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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. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. A. Around May 31, 2017, the fact that the Defendant forged a share transfer contract under which the Plaintiff transferred 15,300 shares of the instant company to the Defendant and subsequently changed the entries in the register of shareholders of the instant company after determining the cause of the claim is as seen earlier.

Thus, since the above share transfer contract and the change in the register of shareholders are all null and void, shareholders of the above shares shall be the plaintiff, and as long as the defendant contests this, there is a benefit to seek confirmation.

B. The defendant's argument 1) The 5,100 share shares of the company of this case entered into a partnership agreement between the plaintiff and the plaintiff to acquire the business rights of the creative zone D.

The Defendant initially sought an explanation that the Plaintiff shall bear KRW 450 million among the Plaintiff’s KRW 450 million and the Defendant shall bear KRW 250 million, and the Defendant shall not be refunded the deposit amount of KRW 250 million under the contract with the Plaintiff, which the Defendant previously paid to the Plaintiff, and the Defendant shall additionally bear KRW 50 million out of the capital amount of KRW 100 million (per 10,000,000,000,000,000 necessary for the process of the incorporation of the instant company.

However, in fact, while the Plaintiff acquired the above business rights in KRW 130 million, the Plaintiff was fully liable for the acquisition price of KRW 250 million from the Defendant, and for KRW 50 million, the Plaintiff paid KRW 50 million to the Plaintiff.

Therefore, since the Plaintiff paid the entire amount of KRW 100 million to the money paid by the Defendant, it should be deemed that 5,100 shares under the Plaintiff’s name were trusted in trust to the Plaintiff.

B. The company of this case

참조조문

-민사소송법 제420조

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