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(영문) 의정부지방법원 2017.04.13 2016나54545
매매대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E Co., Ltd. (hereinafter “E”) was established in around 2001 as a company for the purpose of civil engineering and earth and sand consulting business, and F has resigned from office as a representative director from around that time to September 1, 201, and the registration of resignation was completed on December 2, 201.

B. On November 30, 201, F and G entered into a contract for acquisition of shares and management rights containing the following: “F and E’s 40,000 shares and management rights substantially owned by H are transferred to H in KRW 200 million; payment of KRW 200,000 shall be offset by succession to new reports and financial rights and offset by exchange. H entered into a contract for acquisition of shares and management rights, including “F and G exempt all joint and several surety obligations owed by them for their obligations and extinguish security rights to collateral offered for their obligations” at the designated time.

(W) The contract shall be written by H and J as the buyer and by I as the confirmation. (C)

On November 30, 2011, in accordance with the contract, the acquisition of shares and management rights as of November 30, 201, for E, the registration of appointment was completed on December 2, 201 by J as representative director, K, L as in-house director, M as auditor, and each registration of resignation was completed on March 9, 201.

Since November 30, 201, F and H cancelled the acquisition of the shares and management rights of November 30, 201.

F entered into a contract with I on March 7, 2012 for acquisition by transfer of the shares and management rights with respect to E, and its main contents are “the purchase price of shares is KRW 10 won per week, F, etc. E’s exemption from the joint and several surety obligation, and extinction of the security right to the collateral offered for E’s obligation.”

E. Pursuant to the contract on March 7, 2012, the acquisition by transfer of shares and management rights as of March 9, 2012, the registration of transfer of shares and management rights for E was completed on March 9, 2012 by NN representative director, O (Plaintiff’s wife), I as an internal director, and P as an auditor.

F. I and the Plaintiff transfer to F all the shares owned by 'I' and 'I' and 'I' and 'I' and 'I' and 'I' and 'I' and 'I' and 'I' and 'I' and 'I'.

F. F. F. I, the Plaintiff, etc.

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