Facts
A. is the Plaintiff and Counter-Defendant, B. is the Defendant and Counter-Plaintiff. A. was the Managing Director of C.B. AG, of which B. is the main shareholder, from 1986 to 2008. Pursuant to an agreement of 1988, A. received 80 shares of C.B. AG free of charge, which he had to retransfer to B. upon his departure from the company.
A. filed a claim for payment of at least CHF 1,194,960.- for the transfer of the 80 shares. B. filed a counterclaim for the transfer of the shares against payment of a lower amount.
The District Court ordered B. to pay CHF 1,194,960.- to A. Both parties appealed against this judgment to the High Court of the Canton of Zurich.
The High Court ordered B. to pay CHF 5,500.- per share. Both parties then filed civil law appeals with the Federal Supreme Court.
Considerations
The Federal Supreme Court partially set aside the judgment of the High Court. It affirmed the defendant's legal interest in being obliged to transfer the shares to the plaintiff against payment of the legally binding determined compensation.
However, there was no acknowledgment of the claim pursuant to Art. 241…