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(영문) 대전고등법원 2017.03.31 2016나15264

약정금등

Text

1. On the part against the defendant in the judgment of the court of first instance, the part against which payment is ordered below.

Reasons

1. Facts of recognition;

A. On December 30, 2014, the Plaintiff and the Defendant concluded a contract with the Defendant (hereinafter “instant contract”) to transfer the shares and business of E Co., Ltd. (F, a mission company F, and hereinafter “instant company”) to the Defendant at KRW 103,00,000 (hereinafter “instant contract”).

B. The main contents of the instant contract are as follows.

Article 1 (Subject Matter of Assignment) The Plaintiff and the subject matter transferred by the instant company to the Defendant are as follows:

1) The Plaintiff and the instant company’s total number of shares, 100% of the company’s shares, 20% of the company’s shares, 3) the Plaintiff and the instant company’s entire business rights and assets owned by the Plaintiff and the instant company, as well as the transfer price of the business license and the acquisition price of the transfer under Article 2 of the License (Matters to be Permitted) are KRW 103,00,000. If the Plaintiff and the instant company delivered documents required under Article 4 present and deliver all of the transfer and acquisition documents to a certified judicial scrivener’s office or the Defendant, and it is determined that there is no problem in the change in the corporate register, the Defendant shall pay the balance to the Plaintiff. 7 As of the date of establishment, financial statements and detailed specifications by account as of the date of settlement of accounts and contract until the date of establishment 8, and all other documents requested by the Defendant under the procedure of acquisition 6 of the Commercial Act and corporate tax, etc., and if there are other important reasons, the Plaintiff and the instant company shall not notify the Defendant immediately preceding the contract.

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