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(영문) 춘천지방법원 강릉지원 2021.02.24 2020가단32608

약정금

Text

1. The Defendant’s KRW 98,264,816 as well as the Plaintiff’s KRW 5% per annum from November 3, 2020 to February 24, 2021.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of C Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Non-Party Co., Ltd.”); and the Defendant is the former representative director of the above company.

Article 6 (Performance of Construction and Liability) of the Transfer Agreement of Corporation and Stock Transfer Agreement, which is in progress as of the date of acquisition by transfer, is completed by the defendant, but 2% of the construction cost shall be paid to the plaintiff according to the nature of corporate tax and management expenses (additional tax). The warranty shall also be settled in the responsibility of the defendant.

Schedule:

1. When administrative sanctions are imposed on the license of a corporation due to the acts conducted before the transfer of stocks, each person (F of the defendant and the joint and several guarantors) shall be jointly and severally liable and shall promptly resolve all related problems;

2. In cases where any obligation other than the scope of transfer of a stock transfer agreement, obligation for payment, obligation for performance, or any obligation or any tax or public charge is incurred on or after the date of the transfer of stocks due to the causes prior to the date of the transfer of stocks, each person shall be jointly and severally liable for,

(Ba)

6. Guaranteeing that there is no other liability, such as national taxes, local taxes, and four insurance premiums, in addition to the liabilities of the Construction Financial Cooperative, and, even after the transfer of shares, each person shall be jointly and severally liable and immediately liable for any other liability, such as unpaid taxes, public charges and material charges, construction cost, wages to officers and employees, and retirement allowances, if any.

The rights and obligations with respect to the receipt of the construction cost, the payment of the purchase price and management expenses, and the payment of tax and the payment of the gold, etc. with respect to the ongoing construction works (Erisk improvement works) in compliance with the agreement on the ongoing construction works shall be made to the transferor, and the transferor and the transferee shall mutually cooperate at the time of or upon the completion of the construction

(Ba)

6. The transferor shall complete the payment of the purchase price and the management expenses (2% of the transferor's 20%) immediately after the receipt of the construction cost, and complete the settlement of taxes, public charges, etc.