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(영문) 서울중앙지방법원 2015.06.19 2014가합5208

사업양수도계약에 따른 잔금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company incorporated for the purpose of the cooking development project, such as golf courses and riding courses, at the Gowon-gun D D D, Gangwon-gun (hereinafter “C”).

C- At the time of March 2009, the total number of outstanding shares was 30,000 shares (10,000 shares per share) and the Plaintiff, the largest shareholder, owned 16,00 shares, and E, the representative director, was 14,00 shares, and the share certificates were not issued until now.

B. On March 31, 2009, C, the Plaintiff, and E (hereinafter “transferor”) entered into a contract to transfer the entire shares issued by C, management and business rights, and all the rights and obligations remaining therein to the transferee (hereinafter “instant transfer contract”), and paid the down payment amount of KRW 500 million to the transferee.

Upon receipt of environmental impact assessment, the intermediate payment of KRW 1.5 billion among the remaining transfer proceeds shall be paid within 1.5 days from the date of the submission of the start-up report, and the transferor shall delegate all the rights to receive the transfer proceeds to the Plaintiff, the largest shareholder, and the transferee agreed to pay the transfer proceeds to the Plaintiff.

C. C entered into a basic agreement on the instant project with the Gosung-gun, a competent authority, on May 13, 2009, and was designated as the project implementer on May 14, 2009, and received an environmental impact assessment plan to Gosung-gun on June 24, 2009.

On July 22, 2009, the assignee paid the intermediate payment of KRW 1.5 billion to the Plaintiff.

The project in this case is suspended without the application for the authorization of the implementation plan and the submission for the commencement of the subsequent procedure.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. The judgment of this Court

A. The remainder payment date under the transfer contract of this case by the Plaintiff 1 of the parties concerned is the starting date.