매매대금
All appeals by the Defendants against the Plaintiffs are dismissed.
The costs of appeal shall be borne by the Defendants.
purport, purport, and.
1. The court's explanation concerning this case is as follows: "71,574,642 won (=100 million won x (35,000 note/48,90) x 71,574,642 won (=10 million won x (35,000 note/48,90) x less than KRW 35,000) ; hereinafter the same shall apply)" of the first instance judgment 3 11 of the first instance judgment. The court's explanation concerning this case is as follows: (a) 10 million x (35,000 note/48,90 note) x less than KRW 35,00) ; and (b) the defendants' assertion as the reasons for appeal is identical to the entry of the first instance judgment in the main sentence of Article
2. The abbreviation of this court’s additional judgment is based on the judgment of the court of first instance.
A. According to Articles 83 subparag. 3 and 10 subparag. 2 of the Framework Act on the Construction Industry for the year 2016 following the instant contract, the non-party company asserting the Defendants’ assertion that the construction business is cancelled or ordered to suspend its business when its capital falls short of the registration standards prescribed by Presidential Decree.
The purpose of this is to ensure the sound development of the construction industry by removing an insolvent constructor who is likely to cause damage to the other party, such as the orderer of the construction work, and failing to perform construction works due to the poor performance of assets. As such, the “capital” under the Framework Act on the Construction Industry refers to the actual capital excluding non-performing assets (see Supreme Court Decision 82Nu243, Sept. 14, 1982). It cannot be deemed that the capital stipulated under Article 329 of the Commercial Act (in principle, the total amount of face value of stocks) is the same.
Unless specifically stated that capital is capital under the Commercial Act, the term "capital" in this judgment refers to capital under the Framework Act on the Construction Industry.
On May 9, 2018, a disposition of business suspension was taken for landscaping facility installation business and landscaping planting business on October 29, 2018 due to lack of registration standards, such as this landscaping business.
However, the plaintiffs did not meet the standards of the Framework Act on the Construction Industry for the capital of non-party company in 2016.