(영문) 서울서부지방법원 2015.10.22 2015가단1744

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Reasons

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(영문) 서울서부지방법원 2015.10.22 2015가단1744

주식양도대금

Text

1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of KRW 20% from March 21, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff deposited KRW 10,00,000 on June 5, 2013, and KRW 20,000,000 on June 13, 2013, in the account of the deceased’s father E at the request of the network when C Co., Ltd. (hereinafter “Nonindicted Company”) was established, respectively, and received 6,000 shares of the non-party company, and the Defendant was the representative director of the non-party company.

B. Around June 2014, the Plaintiff concluded a share transfer contract with the Defendant that the Plaintiff would resign from the director of the non-party company, and that the Plaintiff would transfer the Plaintiff’s 6,000 shares to the Defendant at KRW 30,000,000.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, and 6 (including paper numbers), the purport of the whole pleadings

2. The interpretation of an expression of intent to determine the cause of a claim clearly establishes the objective meaning that the parties have granted to the act of indicating the claim. In a case where the contents of a contract are written in writing as a disposal document between the parties, the objective meaning that the parties have given to the act of indicating the contract shall be reasonably interpreted according to the contents written, regardless of the party’s internal intent, even though they are not bound by the phrase used in writing. In this case, if the objective meaning of the text is clear, the existence and content of the expression of intent shall be acknowledged as

(Supreme Court Decision 2010Da81957 Decided January 27, 2011). Between the Plaintiff and the Defendant, a share transfer contract was prepared between the Plaintiff and the Defendant that the Plaintiff would transfer the Plaintiff’s 6,000 shares to the Defendant in KRW 30,000,000, and the objective meaning of the language is clear.

Therefore, the defendant is obliged to pay 30,000,000 won to the plaintiff according to its language and text.

3. Defendant’s assertion and judgment

A. The defendant's assertion that the plaintiff was entitled to a certain portion of shares to the plaintiff without compensation while appointing the plaintiff as a director of the non-party company.

참조판례

-대법원 2011. 1. 27. 선고 2010다81957 판결

유사 판례

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