(영문) 대전지방법원 2020.02.12 2018나119481

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(영문) 대전지방법원 2020.02.12 2018나119481

약정금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1.Recognizing the facts of recognition that “A” (referring to a transferor; hereinafter the same shall apply) is operating, to transfer all outstanding stocks to “B” (the transferee; hereinafter the same shall apply) with the consent of all the shareholders and the entirety of the management rights in the license and business operation of the electrical construction business, and to enter into a contract as follows:

Article 1(Purpose) This Agreement aims to take over all the management rights for the operation of a corporation (electric construction business) in which "A" is operated.

Article 2 (Details and Scope of Transfer and Receipt) Details of a corporation subject to transfer and the scope of transfer shall be as follows:

1. Trade name: The total number of outstanding shares of Plaintiff 3: 62,000 (amount of capital 620,000,000,000) type of licensed construction business related to construction business: (Registration Number of Electrical Construction Business: G) the transfer price of an object to be transferred under this contract under Article 3 (Transfer Price) of the Electrical Construction Business: (i) consents to the absence of any objection to the transfer price in any case, recognizing that both parties are aware of the transfer price in advance, in consideration of all the circumstances presented by the transferor, financial statements, details of investment by the Financial Cooperative, recent year performance, etc.; and (ii) the transfer price in any case shall be KRW 315,00,000 (in g., KRW 315,00,000) (Provided, That expenses incurred

) Article 10(1)(A) “A” shall immediately notify “A” and “A” shall be responsible for and resolved if any of the following occurs after the date of acquisition of the Company:

(1) In the event of a corporation’s legal affairs, taxation, administrative dispute, sanctions, litigation, etc. due to unclear data during the management period of “A”, where a tax investigation by the tax authorities has occurred during the management period of “A”, “A” shall be immediately resolved at the cost and responsibility of “A” and this shall be resolved.

유사 판례

-대전지방법원 2020.02.12 2018나119481

-서울중앙지방법원 2018.06.18 2017가합583761

-의정부지방법원고양지원 2017.06.30 2016가합75497

-수원지방법원 2017.04.14 2015가합67621

-수원지방법원성남지원 2020.10.20 2019가합410608