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(영문) 광주지방법원 2020.12.10 2020나50170

회사인수대금

Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On June 30, 2018, D Co., Ltd. (hereinafter “D”) merged a stock company B (this company before it was merged into D Co., Ltd.) and changed its trade name into B Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. On September 21, 2017, the Plaintiff, the representative director of D, entered into a contract with Defendant C, who was the former representative of B, to sell all shares and assets other than D’s liabilities in a lump sum of KRW 180,00,000,000.

(hereinafter referred to as the “instant contract for acquisition of a company”). The purchaser of the contract for acquisition of a company: B (State) representative director C: D representative director C/C of Article 1 shall sell all D(State) stocks and assets to B(State) with the exception of R cooperation and elevator maintenance and repair sites and all liabilities of D(State) company at KRW KRW 100 million per day.

On August 30, 2017, the intermediate payment of KRW 20,000,000 (Gaman Won) paid the down payment in cash on August 30, 2017, and KRW 40,000,000,000,000,000, which is the remainder of KRW 5,000,000,000,000 after the authentication of the contract in 2017, the down payment was paid in cash on August 30, 2017.

Article 3 The scope of acceptance shall be subject to the acquisition of the D Corporation and the registration of the R Cooperation Company, and this Agreement shall be null and void at the time of non-issuance.

D. The site and amount of maintenance and repair of elevators shall be attached.

Remuneration and outstanding amounts before the date of the contract shall be the purchase by the buyer B (State) C.

Article 4 At present, with respect to all liabilities before October 1, 2017, the representative director A shall be responsible for all liabilities of all companies necessary for the management of the company, such as employees' retirement allowances, corporate taxes, material liabilities, etc., and if it is impracticable to pay off the balance, it may be offset against the balance.

Article 7. The holding stocks held by D(D) directors of the stockholders’ registry by October 1, 2017 shall be transferred to C, and all directors shall resign on the register of the stockholders’ registry.

(c)in this case;