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(영문) 대전지방법원 2016.12.22 2015가단30159

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 19, 2012, C Co., Ltd. (including the change of name to D Co., Ltd. on March 30, 2012; hereinafter “acquisition corporation”) operated by the Defendant for business purposes, entered into a contract with the Plaintiff on March 19, 2012 that the Plaintiff will take over 40,00 shares of the company (5,00 won per share) as a whole and investment certificates of the mutual aid association (49 shares per share, 45,632,230 won per share, total amount of 49 shares, 26,970,000 won, balance of 18,662,230 won, and 13,000 won (including the balance of mutual aid association) (hereinafter “instant acquisition contract”).

B. On March 30, 2012, the Plaintiff entered into a contract with the Defendant to purchase the acquiring corporation’s price of KRW 130 million (hereinafter “instant underwriting contract”).

The plaintiff and the defendant are fully aware of the market price, etc. of the same type of business as to the above price in advance, and they are determined in accordance with mutual agreement, and in any case after the contract, they are willing not to raise an objection to the amount, and the terms of sale as agreed at the time of the

1. Transfer of shares (or equities) (100%) %, and acceptance due to changes in registered entries;

2. Net assets and liabilities shall be acquired by a seller;

3. The amount of contribution, loan, and loan difference shall be included in the amount received;

4. To guarantee the seller's obligation performance guarantee for the foreign debt incurred after acquisition in the course of the seller's obligation guarantee;

C. On March 30, 2012, the Defendant drafted a memorandum of performance of the duty (hereinafter “instant letter of performance”) with the same content as the separate statement, and on April 30, 2012, a notary public drafted the said letter of performance with the name of the law firm (No. 1006) No. 206.

2. Determination as to the cause of action

A. The plaintiff's assertion is that the defendant is fully responsible for the claims and obligations arising before the contract date at the time of the instant acquisition contract, the underwriting contract, and the letter of performance of obligations concluded with the plaintiff, and there is no claims and obligations, and if so, the citizen, if so.