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(영문) 대구지방법원 상주지원 2021.01.14 2020가합5033

임금

Text

The Defendant stated on the Plaintiffs as “total amount of money indicated in the column” in the attached Table 2 sheet.

Reasons

1. Basic facts

A. On December 12, 2018, a contract for acquisition by transfer between the Defendant and C (hereinafter “C”) entered into a contract for acquisition by transfer (hereinafter “instant contract”) with the Defendant under which C comprehensively transfers all solar businesses operated in each plant located in E-ri (hereinafter “instant factory”) to the Defendant, by setting the acquisition by transfer amount as KRW 500 million in cash and KRW 1 billion in the issuance of D Co., Ltd. (hereinafter “D”).

The main contents of the instant contract are as follows.

Section 1 (Purpose of Contract) This Agreement refers to A (C).

hereinafter the same shall apply) A (referring to the defendant) a project for solar energy parts operated by this project.

The purpose of this Act is to prescribe the matters necessary for transferring and transferring to others (hereinafter the same shall apply) and acquiring them by transfer.

Article 2 (Subject Matters of Both Water and Water) (1) A transfers to B all of the solar energy projects it operates (hereinafter referred to as “solar-powered solar energy projects”), and B acquires them.

(2) All of the solar energy businesses to be taken over under the preceding paragraph means tangible and intangible assets, including physical facilities provided for solar energy programs by Gap, and liabilities arising in connection with the above solar energy programs (hereinafter collectively referred to as "objects of water supply").

(3) Eul shall also succeed to the object of transfer referred to in the preceding paragraph in principle.

Provided, That the details not included in the net assets of the financial office report prepared by the F accounting corporation shall be excluded from the scope of succession, but the specific contents shall be determined by agreement with Gap separately.

Article 3 (Reference Date for Water Supply, etc.) (1) The reference date for the acquisition of the business under this contract shall also be December 21, 2018, and Eul shall also take over the assets and liabilities of Gap as of the reference date for the acquisition of the business under this contract.

Provided, That it may be extended within the limit of December 28, 2018 by agreement between the Parties according to the necessary preparation process for both water supply and water supply of Gap and Eul.

(2) B shall be taken over on the date referred to in the preceding paragraph.