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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of publishing and selling newspapers, and the Defendant is a company established for the purpose of online book sales business, etc.
B. On December 14, 2018, the Plaintiff entered into a contract with the Defendant to trade 42,858 common shares (hereinafter “instant shares”) owned by the Plaintiff for KRW 1.5 billion.
(hereinafter “instant sales contract”). C.
In the instant share sales contract, the Defendant paid KRW 50 million to the Plaintiff at the same time as the instant share sales contract was concluded, and paid KRW 450 million to the intermediate payment until June 30, 2019, respectively, until June 30, 2019, the remainder KRW 1 billion was paid until December 31, 2019, and the Defendant determined that the right to the instant shares was transferred to the Defendant upon completion of the payment of the remainder.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. Assertion and determination
A. According to the facts acknowledged prior to the determination on the cause of claim, the Defendant is obligated to pay KRW 500 million, which is part of the purchase price pursuant to the share purchase and sale contract of this case, to the Plaintiff, as sought by the Plaintiff, unless there
B. 1 The defendant's defense is a defense that the contract of the sales of the stock of this case constitutes an agreement that agrees to acquire its own stocks and thus is invalid.
The term “company” in Article 341(1) of the Commercial Act may acquire its own shares under its name and on its account according to the following methods:
(1) Any company may pay dividends within the limit of the amount obtained by deducting the following amount from the net asset value on the balance sheet in the immediately preceding balance sheet.
1. The amount of capital;
2. The aggregate of capital reserve and earned surplus reserve accumulated up until the period for the settlement of accounts;
3. The amount of earned surplus reserve to be accumulated in the period for the settlement of accounts;
4. The Presidential Decree.