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(영문) 서울남부지방법원 2014.11.27 2013가단73418
주식인도
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. The plaintiff asserted that the plaintiff cancelled the share transfer contract in the attached list and claimed the return of the shares above against the defendant Eul, in subrogation of the defendant Eul, while claiming the return of the shares above, the above defendants filed a claim against the defendant Eul to notify the defendant Eul of the transfer of the shares above.

On September 1, 2012, while the Plaintiff owned the entire shares (e.g., 5,00 won and 4,000 shares) issued by E (hereinafter “D”) Co., Ltd. (hereinafter “D”), the Plaintiff entered into a contract to transfer the entire shares (hereinafter “first share transfer contract”) with Defendant B.

After October 17, 2012, B appointed as an internal director of D entered into a contract to transfer all of the above shares to Defendant F ("second stock transfer contract").

According to each share transfer contract above, the share purchase price shall be paid on the date of conclusion of the contract, but Defendant B and Defendant F did not pay the price to the Plaintiff and Defendant B.

Accordingly, the Plaintiff’s cancellation of the first stock transfer contract through the instant complaint on the ground of the payment of the transfer price of Defendant B, and at the same time, the Plaintiff’s cancellation of the second stock transfer contract by subrogation of the right to cancel the second stock transfer contract held by Defendant F against Defendant F on the ground of the payment of the transfer price of Defendant F.

2. First of all, we examine whether the Plaintiff acquired the right of rescission under the first stock transfer contract according to the non-payment of the stock transfer price by Defendant B to Defendant B.

The fact that Defendant B did not pay the purchase price of shares to the Plaintiff does not conflict between the parties.

However, in light of the following circumstances, solely with the above facts and evidence Nos. 1, 8, and 9, the Plaintiff’s share transfer contract with respect to the first share transfer contract by delaying the payment of the share acquisition price by Defendant B, in light of the respective entries in No. 1, 1, and 13 as well as the purport of the entire pleadings.

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