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(영문) 전주지방법원정읍지원 2014.10.15 2012가합1219
대여금
Text

1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On May 16, 2008, the selector C, the representative director of the Plaintiff corporation, entered into a transfer/acquisition agreement with E (the representative director of the Plaintiff corporation as of the date of the Plaintiff corporation) and the Plaintiff corporation (hereinafter “instant contract”).

At the time, the appointed parties D were the directors of the Plaintiff corporation and the Defendant (Appointeds) were the auditors.

C (hereinafter referred to as “A”) which is the representative director of a stock company A (hereinafter referred to as “A”) located in the Seoul Special Self-Governing City of Jeollabuk-do (hereinafter referred to as “Defendant”) shall conclude a contract to transfer all the management rights and other assets directly or indirectly invested in the management of the company by transferring the shares to the representative director E (hereinafter referred to as “B”) and to the person designated by B, as follows, and shall make two copies of the contract, sign and seal, respectively, as follows:

2. A) The transfer and acquisition price (1) shall be to take over at least 2,450,000 won per day (land annexed to a factory, factory buildings, machinery and equipment buildings, transportation vehicles, skiing routes, etc.) and other assets, etc. invested in the total stocks and management of A, and shall be made as the date of accounting standards.

(3) Of the total sales proceeds, Eul's total liabilities of KRW 1,067,753,562, including KRW 80 million, KRW 128,330,562, KRW 100,000, KRW 39,423,00,00, and KRW 1,067,753,562, out of the total sales proceeds, shall be deemed as acceptance (which is known as a corporation as it is), and the other liabilities shall be treated as receiving part payments from Eul simultaneously.

3. If a transferor has a provisional payment as of the base date of transfer or acquisition (9) the transferor shall process the provisional payment;

B. Of the accounts of the Plaintiff Corporation, the provisional payment amount was KRW 298,000,000 as of December 31, 2007, and was KRW 408,00,000 as of December 31, 208.

[Ground of recognition] dispute.

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