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(영문) 서울고등법원 2016.07.14 2015나2013360
청구이의
Text

1. Of the judgment of the court of first instance, the part of the lawsuit is modified as follows.

The defendant-Counterclaim plaintiff (Counterclaim defendant) shall be the plaintiff (Counterclaim defendant).

Reasons

Basic Facts

2. All debts belonging to a corporation, such as a transport license, etc. which occurred not later than March 1 shall be the defendant's responsibility;

Provided, That all liabilities and responsibilities incurred after the sale of corporation and the succession of the representative director shall be borne by the plaintiff.

3. The defendant is responsible for liabilities such as penalties for vehicles sold, and the proceeds of capital shall be succeeded to without requiring the value of the vehicle at the time of the transfer of the vehicle.

4. The instant legal entity is acquired by the Plaintiff and the acquisition price shall be KRW 140 million.

(The installment shall be succeeded by the Plaintiff). The down payment shall be KRW 20 million, the intermediate payment shall be KRW 50 million, the remainder shall be KRW 70 million.

5. When an intermediate payment is made, all the corporate transfer documents and representative powers must be transferred to the Plaintiff.

(F) The installment and other tax amount of the vehicle from March 1, 2014 shall be responsible for the plaintiff.

9. The Plaintiff leased three vehicles to the Defendant by November 30, 2014 under mutual agreement, and the Defendant pays to the Plaintiff all installment payments, insurance premiums, and other expenses incurred in the leased vehicle.

The balance of the purchase price of KRW 70 million shall be paid up to March 30, 2014.

When violating the above contract, the offender shall pay twice the down payment as a violation amount.

On March 6, 2014, the Plaintiff entered into a transportation license, registration vehicle (attached Form 2) license, and vehicle sales contract (hereinafter “instant transfer/acquisition contract”) with the Defendant Co., Ltd. (hereinafter “instant corporation”) on the same day, and provided that the transferee would pay at least 50% of the total purchase price to the Defendant for the transfer of transportation license and the transfer of takeover of the instant corporation under the pretext of contract deposit and intermediate payment, the transferee would pay at least KRW 73 million, including the down payment and intermediate payment, KRW 70 million,00,000,000,000.

A. The main content of the transfer/acquisition agreement of this case is as follows.

The defendant is a transfer contract of this case.

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