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(영문) 서울고등법원 2018.04.20 2017나2073045
위약금 지급 청구 등의 소
Text

1. The plaintiff's appeal and the second preliminary claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons to be stated in this part of this Court’s basic facts are the same as the reasons for the relevant part of the judgment of the first instance, except for the modification of Chapter 3, 16, and 19 of the judgment of the first instance as follows. As such, it shall be cited in accordance with the main sentence of Article 420

E. On May 9, 2014, when the Defendant Company consulted with the Plaintiff on the implementation of the instant contract, with respect to the payment of KRW 600 million out of KRW 1.5 billion of the share acquisition price of the instant contract, the Defendant Company prepared a detailed contract for share acquisition that F and E transfer KRW 4900 of the shares of the Defendant Company to H, who is the Plaintiff and her husband, KRW 600,000,000 of the shares of the Defendant Company, and delivered them to F and E with the seal affixed thereon.

However, the plaintiff and H did not affix their seals to the buyer column of the above contract.

2. The plaintiff's assertion is primarily against the defendant company, and if it is interpreted that the party to the contract of this case is not the defendant company but the defendant C, the defendant must make the primary claim, the conjunctive claim, and the second preliminary claim as follows.

The Defendant Company has the duty to transfer the ownership of the transferred shares within 30 days from the date of the contract under the instant contract, but did not perform the Plaintiff’s request for the performance over several occasions. Therefore, the Plaintiff’s delivery of a copy of the instant complaint to cancel the instant contract on the ground of nonperformance.

The plaintiff primarily claims to the defendant company for the return of KRW 150 million and the payment of the penalty of KRW 150 million, which has been paid as the down payment due to the cancellation of the contract and the restoration of the original status.

B. The Defendant Company acquired 4900 shares of the Defendant Company in the name of E and F, a third party, not the shares owned by the Defendant C, as its representative, in the amount of KRW 600 million (hereinafter “instant shares”), and did not notify the Plaintiff of such fact, even though it intended to acquire profits by transferring the shares to the Plaintiff in the amount of KRW 1 billion.5 billion.

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