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(영문) 수원지방법원 2015.04.24 2014가합5831
법인양도대금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. On August 8, 2013, the following facts entered into an agreement between the Plaintiff and the Defendant does not conflict between the parties.

This Convention shall replace the representative of the Dispute Resolution Co., Ltd., and the defendant shall take over and implement the new construction of the logistics warehouse in Kimcheon-si D and two lots (hereinafter referred to as the “instant real estate”), and the acquisition of the corporation and the officers of the corporation shall, at the time of the loan of the facility fund, resign from all the officers and replace the new officers with the entry of the defendant.

The current representative shall give KRW 300 million to the Plaintiff, which is the current representative, for the debt of KRW 62 million related to the current corporation, and KRW 200 million shall be paid at the time of the substitute loan, and KRW 100 million shall be paid at the time of the first loan of facility funds (the first loan)

E The amount of KRW 20 million to be paid to E shall be paid in installments on two occasions, and KRW 100 million to F shall be paid at the same time as construction is completed.

(c)that the present representative Plaintiff is fully responsible for the Defendant’s acquisition of a legal entity and the acquisition of a legal entity to prevent any civil or criminal problem, and that the above Convention shall be confirmed and promoted in the presence of G.

In the event that this Convention has not been fully implemented as set out above, the mutual promise to compensate for damages as well as civil and criminal responsibilities shall be filed, and the amount of damages arising therefrom shall be claimed as compensation for damages, and in the event of non-performance, this Convention shall be deemed null and void.

E. The current representative plaintiff will be entrusted with all of the powers concerning the instant real estate, which is the property of the Fund Co., Ltd., to the defendant who is the next representative, and the effect of the above contents shall take effect on the date the loan is made by substitute loans and the agreed debt settlement is terminated and the down payment is paid.

F. If the problems that were not found after the acquisition of a corporation are displayed, the former problems of the Convention shall be civil and criminal responsibilities of the plaintiff, the former representative, and the latter problems shall be all civil and criminal responsibilities of the defendant, the latter representative.

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