beta
(영문) 서울남부지방법원 2014.05.23 2013가합102948

손해배상(기)

Text

1. The Plaintiff:

A. The Defendant Korea Tobacco and Ginseng Partnership shall be from August 20, 2013 to KRW 291,241,412 and its amount.

Reasons

1. Claim against Defendant B, C, D, and E

A. Facts of recognition 1) The Plaintiff is the F Co., Ltd. F (hereinafter “instant company”) operated by Defendant C, which brokered the transfer of a construction company on or around June 2012 by Defendant B (hereinafter “instant company”).

(2) Around July 12, 2012, the Plaintiff was introduced. Around July 12, 2012, the Plaintiff: (a) transferred the instant company to Defendant B at KRW 362 million; (b) the Plaintiff, in principle, delegated the acquisition of KRW 100,00 by transfer of shares and changes in registered entries; and (c) did not succeed to the acquisition of actual assets and liabilities; and (d) did not succeed to the employment of employees and employees; (b) was excluded in principle from the rights and obligations of the corporation prior to the payment of the remainder or the payment of the remainder; (c) the seller’s joint and several debt incurred after the acquisition, with the condition that the buyer’s joint and several certificates of contribution, and the cancellation of the contract when the acquisition

3) On July 12, 2012, Defendant B entered into an enterprise transfer agreement on behalf of Defendant C and the Plaintiff on behalf of both parties (hereinafter “instant transfer agreement”).

() Subject to sale: The sales price and payment method of the instant company (total number of stocks: 125,00 won; 10,000 won per share: 362,000 won: 370 million won intermediate payment ( July 19, 2012): A balance of KRW 65,000 (hereinafter July 26, 2012): 100 million under the terms of sale (or shares) and 260,000 won; net assets liabilities acquired due to changes in the entries in the registration are not subject to an administrative disposition within three years: The seller’s compulsory performance guarantee certificate for the non-performing debts incurred after acquisition, including the difference in the acquisition amount, and whether the seller’s additional debts are subject to an administrative disposition: The seller shall not be subject to an administrative disposition within three years: Provided, That it shall not be subject to a contract transfer for a period of 20 years before the successful tender offer or renewal of the contract: The Corporation shall not accept the remainder of 20 years before the date of the contract transfer.