logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.04.21 2016가합188
채무부존재확인
Text

1. There is no Plaintiff’s obligation under the transfer contract between the Plaintiff and the Defendant on April 24, 2015.

Reasons

1. Facts of recognition;

A. On November 18, 2011, the Defendant assumed office as a director and representative director of a limited liability company C (hereinafter “C”) and operated as a representative director by July 9, 2014, and resigned from the director on April 28, 2015.

B. On April 24, 2015, a contract for the transfer of a corporation as of April 24, 2015, the transferor was drafted as C representative director B (Defendant) and transferee D (hereinafter “instant contract for transfer of a corporation”), and the content thereof are as follows.

(A) The transferor of the contract for transfer of a corporation (Evidence 1): (B) the transferee of the corporation: D's representative director B: The above parties agree in transferring or taking over the corporation, as follows:

(1) On April 15, 2015, a transferee shall pay 200 million won to a transferor, and shall pay an additional KRW 100 million by May 15, 2015.

(2) In addition, the remainder of 300 million won shall be paid by July 15, 2015.

(1) The terms and conditions set forth above are the condition that the amount of the settlement will be KRW 600 million in addition to taking over the bank obligations in the present state of the transferor.

(3) The creation of a collateral security shall be carried out to guarantee the payment above, and the date shall be May 30 and the transferee shall agree to deliver documents for the establishment.

【Registration Right, one copy of the certificate of seal impression of transferee, a power of attorney (written seal), a certified copy and abstract of resident registration (entry in Address Change), and a copy of identification card】

C. On April 28, 2015, the Plaintiff assumed office as a director of C on April 28, 2015, and then resigned from the director on October 27, 2015.

E was appointed on April 28, 2015 by C's directors and representative directors. D.

On April 28, 2015, the Defendant transferred to the Plaintiff 2,500 units of equity and 2,500 units of equity to E, respectively, 25,000 units of equity among the total number of equity shares of C 5,00 units of equity.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1-1, Eul evidence 8 and 12, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1 of the parties’ assertion was concluded between the Defendant and D, and the Plaintiff is not a contracting party, and the Plaintiff bears any obligation related to the above contract.

arrow