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(영문) 수원지방법원 2020.07.09 2019나65665

법인 인수 대금 등

Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited this case, is partially dismissed as follows, and the reasoning of the judgment of the court of first instance is the same as that of the reasoning of the judgment of the court of first instance, except for an additional determination as to the Plaintiff’s assertion, thereby citing it as it is by the main text

In the first instance judgment, two pages 2, 12, “Defendant D” shall be deleted.

The 3 pages 3 of the first instance judgment “150,000,000 won” is deemed to be “165,00,000 won.”

2. Additional determination

A. In light of the fact that Defendant D actually operates the Defendant Company, the gist of the Plaintiffs’ assertion asserts that the acquisition price of the Defendant Company should be paid in accordance with the agreement between the Plaintiffs and the Defendants.

B. In light of all circumstances acknowledged by the overall purport of the statements and arguments on the evidence Nos. 8 through 10, the Defendant sent to the Plaintiffs, on April 9, 2019, a certificate of content that the Defendant requested the Plaintiffs to acquire the Defendant Company, along with the declaration of resignation from the representative director of the Defendant D’s office. Accordingly, the Plaintiff’s employees F, on May 15, 2019, demanded Defendant D to submit the resignation system of the representative director, to return the Defendant Company’s seal impression, the OTP card, and the authorized certificate. Since the Plaintiffs did not take any measures for the acquisition of the Defendant Company, it appears that Defendant D discontinued the Defendant Company as of May 31, 2019, and since the contract was concluded between the Plaintiff and the Plaintiff, the Plaintiff’s assertion that Defendant D voluntarily operated the Defendant Company without reporting the Plaintiff Company’s management to the Plaintiff. However, there was no specific difference between the Plaintiff Company’s management process and acquisition.