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(영문) 부산지방법원 2016.11.17 2015가합5067
약정금등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the successors of the J on March 20, 2015, who died on March 20, 2015, and Plaintiff D, E, and F are the descendants of J, and Plaintiff A is the wife of K, who died earlier than J, and Plaintiff B and C are the children of Plaintiff B and C.

B. The J held all 60,000 shares issued by L Co., Ltd. (hereinafter “instant company”) engaging in the business of manufacturing synthetic rubber and new parts (hereinafter “instant company”). On February 24, 2015, the J concluded a contract to sell the said shares to the Defendants for KRW 1,556,000,000 (hereinafter “the primary sales contract”).

The main contents of the primary sales contract are as follows:

[Stock Sales Contract] The name of a corporation: The number of stocks of 60,000 common stocks listed above shall be sold and sold on February 24, 2015: 70,000 won shall be deposited into the Busan Bank account designated by the seller on February 23, 2015; 6,30,000 won shall be deposited into the same passbook; 85,66 million won shall be paid in cash due to the outflow of this contract; and the seller, the buyer, the buyer, and the buyer shall be liable for other legal issues, such as taxes, etc. on the other party from the leaked side.

C. Meanwhile, between J and the Defendants, the certificate of stock transfer (hereinafter “the second sale contract”) as of February 24, 2015 was prepared in addition to the first sale contract, and the first sale contract and the second sale contract were combined, and the main contents of the second sale contract are as follows.

[Certificate of Stock Transfer] Corporation Name: The class and number of shares to be transferred to L: Amount of KRW 60,000 of common shares : Amount of KRW 23,333: 1,400,000; the above shares of KRW 1,400,000 are transferred to transferee G (6,00), H (27,000), I (27,000 shares) and I (27,00 shares). The above shares shall be signed and sealed.

In addition, the sale amount of shares on March 3, 2015.

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