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(영문) 인천지방법원부천지원 2015.07.09 2014가단49434
양도양수 계약파기로 인한 변상건
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 2, 2014, the Plaintiff asserted that: (a) around October 2, 2014, the Plaintiff entered into a contract for transfer and acquisition of shares (hereinafter “instant contract”) with the Defendant to purchase the Defendant’s shares in KRW 300 million on behalf of the transferee; (b) paid KRW 24,00,000 as down payment; (c) the Defendant unilaterally notified that the said shares will not be transferred on or around November 3, 2014; and (d) the implementation of the instant contract was impossible by notifying the Defendant that the said shares would not be unilaterally transferred; and (c) accordingly, the

2. According to the Plaintiff’s assertion of determination, the Plaintiff is merely an agent of the assignee in the instant contract, and is not a party to the instant contract.

On the other hand, the plaintiff did not have any specific assertion or proof as to the right to claim the payment of the down payment to the defendant. Thus, the claim of this case based on the premise that the plaintiff has a certain title is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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