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(영문) 수원지방법원 2020.12.17 2020가단5217

매매대금

Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 8, 2015, the Plaintiff was appointed as the Defendant’s representative director.

B. On August 30, 2018, the Plaintiff and C concluded a construction business (corporation) and a stock transfer agreement as follows:

(hereinafter referred to as the “transfer contract of this case”. Article 1 (a) : The location of the transferor corporation and the scope of the transfer corporation: 40,000 equity shares issued at Sungsung City D: 40,000 equity shares issued at 56 equity shares: 20,000 equity shares: 31,00,000 equity shares: 31,00,000 equity shares: (b) The entire shares of the transferor corporation and the transferor corporation. (1) The entire shares of the transferor corporation and the transferor corporation. (2) The entire shares of the construction business license and the construction business license of the transferor corporation.

(c) Total amount of the payment method of the transfer price under Article 2 (a): Amount of 170,000,000 won (B): The actual payment date of the balance that is the transfer price under Article 3 on August 31, 2019 shall be the date of the contract, and the actual payment date of the balance that is the transfer price under Article 3 may be the date of the contract, and the shares may be transferred under mutual agreement even before the date of the balance payment, agreed to transfer on August 31, 2019.

Article 4. The contract is concluded as a representative of shareholders with the consent of all shareholders of the transferor corporation as of the date of the contract. The plaintiff does not have any reason for violation or disqualification of law, taxation, administrative matters, etc. other than the details notified in advance to C, and it is clear that the contract is concluded on the basis of the confirmation that there is no reason for disqualification necessary for maintaining normal business activities, such as suspension of license, cancellation notice, and scheduled participation schedule, due to the violation of administrative matters such as the Framework Act

Article 5 (A) The disposal of assets and liabilities (A) The Plaintiff’s fixed assets and liabilities shall be subscribed to by C without any condition.

(B) The Plaintiff’s ongoing claims shall also be accepted by C without any condition.

(C) 100,000,000 won invested in E development is the Plaintiff’s personal capital, and when the Corporation was in progress, the amount to be recovered shall be reverted to the Plaintiff.

provided that the Corporation.