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(영문) 대구지방법원김천지원 2017.04.14 2016가합16217

주식양도절차이행청구

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 20, 2016, the Plaintiffs entered into the instant agreement with the Defendant, a representative director and shareholders holding 58,340 shares (the share ratio of 49%) on July 20, 2016, agreed on succession to management rights (hereinafter “instant agreement”).

1) Within five days after the Plaintiff C or A newly registered as the representative director of E, the Plaintiffs transfer 50,000,000 won corresponding to the Defendant’s retirement allowance to the Defendant’s retirement allowance account. Taxes, such as retirement income tax, etc. shall be borne by the Defendant. Within five days after the Plaintiff C or A was registered as the representative director of E, the Plaintiffs transfer all of 58,340 shares of E owned by the Defendant to the Plaintiffs, and the Plaintiffs pay 90,000,000 won to the Defendant with the acquisition price of shares. The full amount of taxes incurred therefrom shall be borne by the Plaintiffs. 3. The Plaintiffs shall be paid to the Defendant for the remaining 5 days after the Plaintiff C or A’s registration as the representative director of E, and the purchase price shall be free of charge for all taxes incurred by the Defendant. 4. The Plaintiffs shall be free of charge for the reasons attributable to the Defendant’s payment of all taxes to the Defendant from August 1, 2016 to 10, 2015.

B. The agreed promise after the registration of the plaintiff C or A as the representative director is made without delay.