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(영문) 춘천지방법원 2015.03.25 2014가합5869
손해배상 및 사해행위 취소 등의 소
Text

1. Defendant B shall pay to the Plaintiff KRW 550,470,071 as well as 20% per annum from August 27, 2014 to the date of full payment.

Reasons

1. The following facts are not disputed between the parties, or each of the statements in Gap evidence Nos. 1 to 11, 13, 15 to 17, 20 to 22 (including each number), and the court's fact inquiry into Chuncheon with the whole purport of the arguments, and there is no counter-proof, in full view of the whole purport of the arguments as a result of a reply to the fact inquiry to Chuncheon City.

The transferor: The name of the transferee of the B (a contract in the capacity of the representative of shareholders): A refers to the transferor, and the transferee shall be referred to as the "B", and the type of construction business held by the corporation and the corporation subject to the transfer of this contract shall be transferred by the method of acquiring the entire stocks issued by the corporation as follows:

Article 1 (Scope of Transfer, Acquisition and Transfer) Details of a corporation to be transferred and the categories of construction business, stocks and transfer which are registered and retained to be transferred are as follows:

6) Scope of transfer: A transfer of all shares and management rights of a corporation subject to transfer, investments and loans to a mutual aid association. Article 3(1) of the Act provides that KRW 40 million shall be paid at the time of the contract, and KRW 430 million shall be paid at the time of the contract, and KRW 430 million shall be paid at the time of the contract: “B” on October 14, 2013 at the time of taking over administrative documents and financial account books concerning the transferor corporation and the construction business from “A” from “B” and pay them in cash. Article 4(Principles of Contract) 1 provides that “A” shall enter into this contract with the consent of all shareholders as the representative director and the stockholders representative of the transferor corporation by making a contract with the consent of all shareholders, and shall be clearly made on the basis of confirmation and undertaking that there is no reason to proceed with the legal affairs, taxation, administrative default disputes, sanctions, litigation, etc. of the corporation as of the date of the contract.

2) “A” shall be drawn up and presented to verify, and guarantee, that there is no other obligation and obligation except as set forth above, nor any administrative restriction as of the date of transfer or acquisition, and that there is a document acceptance and delivery.

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