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(영문) 광주지방법원 2016.08.23 2015가단513140

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants, as the representative director or in-house director of E Co., Ltd. (hereinafter “E”) engaged in food manufacturing business, etc. using Gangnam-gu Seoul Metropolitan Government D as the head office, held all of the shares of the said company.

B. On April 2012, the Defendants agreed to transfer all E’s shares and their management rights through F (hereinafter “instant acquisition agreement”), and upon the request of G, on April 30, 2012, Defendant C entered into a contract to transfer KRW 10 million per share of KRW 5,000 per share of KRW 1,00,000, respectively, and Defendant B entered into a contract to transfer KRW 4,000 per share of KRW 5,00 per share of KRW 5,00 per share of KRW 1,00.

C. Meanwhile, on April 30, 2012, G agreed that the Defendants shall bear the obligations incurred prior to April 30, 2012 in the course of the sale and purchase of shares and acquisition of corporate shares under the name of the J, a type of punishment, with the exception of the obligations arising from the Naju Livestock Cooperatives on January 27, 2012, and that the obligations incurred subsequent to the Defendants shall be borne by J and E.

(hereinafter “instant agreement”). D.

On April 30, 2012, the Defendants resigned from E’s representative director and in-house director positions, and at the same time J assumed office as the representative director. G was appointed as the representative director on October 25, 2012, and acquired 4,000 shares of E from J on October 31, 201, and on January 16, 2014, E’s trade name was changed to A.

[Ground of recognition] The items of evidence Nos. 1-1, 2, 2-1 through 3, 4, and 11, and the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s claim was agreed on April 30, 2012 to bear the Defendants’ obligations, the Defendants are obliged to bear the said amount in accordance with the instant agreement, as the Plaintiff repaid the existing loan obligations of KRW 98,021,476 on May 2, 2012.

Meanwhile, due to the omission of sales at the time when the Defendants operated E, the loss brought forward in the year 2012 has been reduced by KRW 109,00,000.