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(영문) 서울중앙지방법원 2014.09.12 2012가단196578
약정금 등
Text

1. The Defendant’s KRW 3,748,446 to the Plaintiffs, as well as 5% per annum from July 17, 2014 to September 12, 2014, respectively.

Reasons

1. Facts of recognition;

A. On March 11, 2011, the Plaintiffs entered into the instant contract for the transfer and acquisition of the instant legal entity (hereinafter “instant contract”) with the Defendant, a general partner and representative member of a limited partnership D (hereinafter “instant legal entity”) with the intent to acquire all shares owned by the Defendant and all corporate rights, business rights and assets, business registration licenses, and registered matters (licensed matters) in the amount of KRW 60 million. The Plaintiffs paid the Defendant the down payment amount of KRW 6 million on the date of the contract, and the remainder of KRW 54 million on March 21, 201, respectively.

B. The plaintiffs and the defendant provided in the contract of this case that "the defendant is responsible for the wages of executive officers and employees, retirement allowances, wages, taxes and public charges, and other outstanding shares, etc. by the date before the date of acquisition."

(Article 5). (c)

Meanwhile, in addition to the instant contract, the Plaintiffs and the Defendant entered into an agreement with the Plaintiffs to accept bus vehicles directly operated by the instant corporation in the amount of KRW 38 million (hereinafter “instant additional agreement”) at the end of the instant contract (hereinafter “instant additional agreement”).

Of the vehicles stated in the vehicle specifications attached to the back of the contract of this case, the vehicles of 1,2,3,4,4,5, and 2 are the vehicles whose registration is cancelled, and the vehicles of 9 to 23 listed in the vehicle specifications attached to the back of the contract of this case mean the 15 vehicles listed in the vehicle specifications attached to the back of the contract of this case, which are not included in the contract of this case. On the other hand, the price of the vehicles of 1 to 6 shall be separately calculated and settled by the plaintiffs and the defendant under agreement.

The vehicle No. 1 stated in the vehicle specification attached to the back of the instant contract (hereinafter “instant vehicle specification”) is possessed by the Defendant with the registration number E (hereinafter “instant vehicle”) and the vehicle No. 2 in the sequence No. 2 as the registration number F vehicle (hereinafter “instant vehicle”) until now, and this vehicle is possessed by the Defendant.

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