주식양도대금청구의 독촉사건
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Nonparty C Co., Ltd. (hereinafter “C”) is a company that engages in the treatment of industrial wastes, the production of manure, and the sales business. around October 2016, the Plaintiff, the representative director of C, was the Plaintiff, who was the Plaintiff’s 24,00 shares registered ordinary shares, and the Plaintiff’s wife Nonparty D, the inside director, owned 1,00 shares registered ordinary shares.
B. On October 6, 2016, the Plaintiff and D concluded a contract with the following content while transferring C’s total share of 25,000 shares and business rights to the Defendant.
The transferor of a contract for transfer and acquisition of a corporation: The plaintiff and D transferee agree to take over all the ownership and management rights of the transferor corporation when the transferor acquires all the shares held by the transferor of the corporation to be transferred under the name of "A" and "B" by agreement between the above parties, and they enter into a contract as follows:
Article 1 (Subject Matter of Transfer)
1. The total number of shares (registered ordinary shares 25,000 shares) owned by the Plaintiff and D, and the body of corporations;
2. Business rights and assets owned by the plaintiff and D (property and liabilities on the balance sheet as of the date of prohibition of balance);
3. The total amount of transfer and acquisition price for the business permit and licensed matters owned by the Plaintiff and D shall be KRW 2,670,000,000,000, respectively;
Article 3 (Methods of Payment for Price)
1. The defendant is 2,671,087,739 won in the amount of debt of the plaintiff and D at the time of entering into this contract.
(List attached) is paid to the plaintiff in full by accepting all of the subscription price.
2. At the same time, the Plaintiff and D shall transfer the required documents to the Defendant pursuant to the above paragraph 1 and give up all the rights of the corporation.
(b) Article 5 (Adjustment of Claim Obligations)
1. Within seven days from the date of acquisition, the defendant shall be liable and arranged for the executive pay, four-party insurance premium, earned income tax, wage, other material expenses, etc.
2. Other.