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(영문) 창원지방법원 진주지원 2017.04.20 2016가합69
물품인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s husband C is a person operating D in the name of the Plaintiff, and E is a child of C, not a child between the Plaintiff and the Plaintiff;

F is the representative director of the defendant who is the child of G. G.

G means A, H B, and E:

Article 2 (Transfer Price) The transfer value of this Agreement shall be five hundred million won.

Article 3 (Representative Rights, Transfer, etc.) A and B shall resign from the representative director and executive officers of the company at the same time as the contract becomes effective and shall take over the company B.

Article 4 (Settlement of Payments) The payment of the purchase price shall be completed not later than December 15, 2015.

2. A shall provide B with the corporeal movables of this Agreement as security for the payment of the above purchase price.

2-1. The amount guaranteed by Byung 200 million won;

5. In the event that B is unable to pay the purchase price on the date of the purchase price, the relevant security and all rights shall be reverted to A, and the said purchase price shall be immediately paid in full.

(Provided, That all liabilities from the date of this contract to the date of termination of the contract shall belong to Section B).

H entered into a contract on October 14, 2014 with G and E to acquire all assets, including the shares and management rights of G from G (hereinafter “I”). The main contents are as follows:

H Ha Ha and Eul Ha

Section 1 (Purpose) The purpose of this Agreement is to prescribe all the contractual terms and conditions concerning the acquisition and joint management of Gap and Eul in Sacheon-si JJ and to promote mutual interests and prosperity in close cooperation.

Article 3(Operation) as the representative director of the I, and the profit shall be distributed at the rate of 50 :50 to A and B except the following matters necessary for operation:

Article 4 (Withdrawal of Acceptance) If the acceptance is withdrawn due to a payment of the price necessary for acceptance, etc., B may exercise the right to:

1. Supply of new scrapers and repair of various equipment: 120 million won;

2. Expenses incurred in supplying additional facilities other than existing facilities;

C. H is October 2014.

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