양수도대금 청구의 소
1. The defendant takes over the shares listed in the separate sheet from the plaintiff and claims listed in the separate sheet of bonds.
1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 16:
On December 22, 2008, the Plaintiff entered into a business cooperation agreement (hereinafter “C business”) with Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) established for the purpose of English language proficiency assessment business to jointly carry out the English language proficiency assessment business, which is a project for the assessment of English language proficiency assessment business, and subsequently proceed with it. Meanwhile, the Plaintiff owns Nonparty Co., Ltd’s 87,833 square meters of shares (43.92 square meters of shares) as shown in the attached list of shares as shown in the attached list of shares. The Plaintiff has a claim against the Nonparty Co., Ltd. for KRW 676,919,739, such as loans and fees under the above business cooperation agreement, as shown in the attached list of shares.
B. On August 26, 2015, the Plaintiff transferred all tangible assets, such as stocks and bonds of the non-party company owned by the Plaintiff with the Defendant in relation to the business, the non-party company’s business rights, intellectual property rights, and fixtures, to the Defendant, and the Defendant paid 200 million won to the Plaintiff as the price for the transfer and acquisition thereof, and the remaining KRW 190 million shall be paid in seven equal installments between August 28, 2015 and March 30, 2016, and the remainder of the transferred assets except for stocks and bonds shall be transferred on August 26, 2015, and the contract for the transfer and acquisition of stocks and bonds shall be concluded at the same time as the date of the conclusion of the contract.
(hereinafter “instant transfer agreement”) C.
On July 24, 2015, according to the instant transfer agreement, the Plaintiff had the Defendant take office as the representative director of the non-party company, and delivered all equipment and other assets to the Defendant, and the Defendant currently operates the non-party company.
2. According to the facts of the judgment on the Plaintiff’s assertion, the Defendant received the instant shares from the Plaintiff, and notified the transfer of the claim in the separate sheet of claim.