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(영문) 제주지방법원 2015.12.15 2015가단150
주식 양도대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 10, 2005, the Plaintiff asserted that the Plaintiff transferred 400 shares to C (hereinafter “instant company”) owned by the Defendant at KRW 200 million of the transfer price.

(hereinafter referred to as the “instant transfer contract”). The Defendant paid only KRW 154 million out of the share transfer price of KRW 200 million, and did not pay the remainder of KRW 46 million. Thus, the Defendant sought payment of the unpaid transfer price against the Defendant.

2. In full view of the reasoning of the judgment, as a result of the fact-finding on the company of this case, the witness D’s testimony and the whole purport of pleading, the company of this case held a temporary general meeting on November 15, 2004 to establish a so-called “the plan for modernization” for remodeling of a terminal building, etc., instead of receiving cash from shareholders including the Plaintiff, and decided to raise funds by utilizing part of the shares owned by shareholders. The Plaintiff owned 400 shares to the company of this case on the shareholder registry around 2004. The Plaintiff was holding 40 shares to the company of this case on the shareholder registry. However, the transferee column was in blank in accordance with the above modernization plan, and 92 shares out of the above 400 shares were transferred to 46 million won (one 500,000 won per share). The company of this case prepared a certificate of transfer of shares to the representative director of the company of this case on December 22, 2004, as well as the Plaintiff’s certificate of transfer of shares.

The following circumstances revealed in accordance with the evidence revealed earlier, that is, at the time of concluding the transfer contract of this case, about 92 weeks out of the Plaintiff’s 400 shares at the time of the conclusion of the transfer contract of this case, the company’s modernization plan.

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