logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.02 2017가합507521
대금반환 등
Text

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

2...

Reasons

1. Basic facts

A. The status of the parties is a company aimed at controlling, arranging, and fostering the business activities of the subsidiary through the holding of the subsidiary’s stocks or shares, and the company D (hereinafter “D”) is a company whose main business is the fixed-scale writing manufacturing and waste food refining.

Defendant B established D around January 2010 and owned 137,00 shares issued by D (97.85%) among 140,000 shares, and Defendant C is the managing director in charge of D’s accounting.

B. Article 3.1 (Statement and Guarantee by Seller) of the contract concluded between the Plaintiff and the Defendant B (=Defendant B) (i.e., the buyer on the date of conclusion and completion of the contract, and the date of completion of the contract, state that the following matters are true and correct in all major aspects:

3.1.13 (Financial Statements) Without any obligation (including foreign liabilities and contingent liabilities), claims, losses, losses, losses, losses, obligations, obligations, and responsibilities (unrealistic occurrence) on December 31, 2014 of the Company subject to the disclosure list 3.13 (Financial Statements) attached (D) on the statement of financial position as of December 31, 2014 (including foreign liabilities and contingent liabilities) or reserve funds therefor. In cases under Article 8.2 (Cancellation of Contracts) below, either Party may notify the other Party in writing prior to the completion date of the performance and immediately cancel this Agreement: Provided, That a person who causes cancellation due to the other Party’s failure to perform his/her contractual obligations may not exercise the right of rescission under this Article: (2) A company’s statement of management right at the end of March 13, 2013; (370,240; (4) a company’s shares issued at KRW 600,840,848,200,00 shares issued by the Plaintiff and the Plaintiff.

arrow