손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Since September 1, 2006, the Plaintiff was a company director and a real shareholder of C Co., Ltd. (hereinafter “C”), and C had a license for electrical construction business D (hereinafter “instant license”).
"Contract for Transfer or Acquisition of Electrical Construction Business License (Evidence A No. 1)"
1. Kind of electrical construction business: D;
2. The transferor (A) C Co., Ltd., the Plaintiff’s transferee (B) E Co., Ltd., and the representative of the Defendant, Article 1 A and B shall take over the transfer under Articles 7 and 8 of the Electrical Construction Business Act and Article 7 of the Enforcement Rule.
Article 2 Transfer Price shall be KRW 40,000,000.
The payment under Article 3 shall be made at the same time with the contract deposit of KRW 10,000,000, and ② the intermediate payment of KRW 10,000 shall be paid on April 26, 2007, and ③ the balance of KRW 20,000,000 shall be paid at the time of applying for change of representative.
In the event of a breach of this contract under Article 8, A shall reimburse the down payment, and B shall reimburse the down payment as the damage compensation, and B shall revert to A.
A shall maintain the qualification certificates related to this Agreement, section 12.
Provided, That the authority for the tender for electrical construction shall be maintained by Gap, but in the event of an accident, Gap shall assume all civil and criminal responsibilities.
A. Article 14 of the approximates Act maintains a 5% share to A, and the remaining 95% share belongs to B.
On April 17, 2007, the Plaintiff entered into a contract on the acquisition or transfer of a license for electrical construction business ("the first transfer contract of this case") with the Defendant with the following contents. The substantial content of the contract was that the Plaintiff transferred the management rights and all shares of C including the instant license owned by C to the Defendant.
The main contents of the contract for the transfer or acquisition of a license for electrical construction business (Evidence A 1) prepared at the time of the conclusion of the contract are as follows:
B. On April 25, 2007, according to the first transfer contract of this case, the defendant takes office as the representative director of C, and the head office is from Goyang-si to Hayang-si.