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(영문) 수원지방법원안산지원 2019.06.13 2018가합10057
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

Plaintiff B is the representative director of Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”), and Defendant D is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”).

The acquisition by transfer between Defendant C and Plaintiff A also constitutes Defendant D who represented Defendant C and Plaintiff B, and Plaintiff B who represented Plaintiff A, around October 26, 2017, the date of preparation of the written contract is October 26, 2017. However, according to the work statement (Evidence No. 1) according to the work statement (Evidence No. 1), the time of signing on both sides appears to be October 27, 2017, which is the following day.

The Defendant D entered into a contract to transfer the total shares of F (F; hereinafter “instant corporation”) and the ownership and management rights of the said corporation as follows (hereinafter “instant contract”).

The defendant C's representative director D (hereinafter referred to as "A") and the plaintiff A's representative director B (hereinafter referred to as "B") agreed to transfer and acquire the corporation's total stocks in the transfer and acquisition of the corporation's total stocks in this case and enter into the following contracts:

Article 1 Subject-matter A transfers to B the subject-matter A shall be:

1) The total number of shares owned by A (Defendant E50%, G50%) and corporate body 2) business rights and assets owned by A, capital, liabilities, bonds, debts, employees (3) business permits and licensed matters owned by A, and permitted matters 3) H (representative director, Defendant E and I Corporation located) are deemed to have terminated claims and obligations, and all documents, including balance sheets, are to be terminated and deleted.

Article 2 The acquisition price for the transfer by transfer shall be two billion won.

Article 3 Section 1) “A” means the payment of KRW 300 million to “A” by November 30, 2017 at the time of entering into a contract and making a down payment. 2) The intermediate payment of KRW 1 billion to “A” on January 31, 2018, which is the base date of the contract.

3 The balance of KRW 700 million shall be March 2018.

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