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(영문) 광주지방법원 2019.07.24 2018나2925

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The remaining construction works under construction of Article 4 of the basic facts shall, regardless of F, be disposed of in the remaining construction works being executed by the company of this case, and such remaining construction works shall belong to the company of this case as the loss of the construction cost

Article 5 If the transferor presents to the transferee all the transfer documents under this Agreement, and it is deemed that there is no problem in the license transfer or takeover, the transferee shall pay the balance to the transferor.

Article 6. The Company shall be responsible for all expenses related to licenses until the balance is paid.

Article 7. The corporation of this case confirms that its liabilities related to the transferred license are not all together, and the corporation is responsible for and dealt with as natural persons when the cause for civil or criminal negligence occurs.

Article 8 (1) 2) License 3) License Book 4) corporate seal imprint 5) Representative Certificate 6) personal seal imprint 7) Other documents necessary for transfer and takeover 8) In the event of defect guarantee and contract guarantee by the Financial Cooperative, the transferor shall be fully liable to the transferor when there is any defect in the license under transfer and contract guarantee by the Financial Cooperative.

On November 6, 2010, the Defendant concluded a construction business transfer agreement with the Plaintiff, who was the representative director of D (hereinafter “instant company”) through F, to transfer the instant company’s building business license, civil engineering business license, and investment certificate 239 units of a mutual aid association (the balance of 134,276,970 won in the mutual aid association), to KRW 350 million, and to pay the balance of KRW 35 million in the contract at the time of the contract, and to pay the balance of KRW 315 million by March 15, 2010.

The main contents of the above contract are as follows:

(A) The term “A” and “B” under the contract refers to the instant company as “A” and “B”. Under the following circumstances, “A” and “B” are replaced by F for the convenience of understanding. Article 25,000 shares of the instant company owned by the Plaintiff.