(영문) 서울고등법원 2016.04.08 2015나16 | 리걸엔진

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(영문) 서울고등법원 2016.04.08 2015나16

약정금 등

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On May 23, 2011, the Defendants entered into a contract with D Co., Ltd. (former E Co., Ltd.; hereinafter collectively referred to as “D”) under which the Defendants owned the Plaintiff (hereinafter collectively referred to as “instant transfer contract”) on KRW 120,700 of the shares of D Co., Ltd. (Defendant B owned KRW 107,121 and Defendant C Co., Ltd. 13,579), and entered into a contract with D’s FF associations and the Korea Housing Guarantee (hereinafter referred to as “instant transfer contract”).

At that time, Defendant B was the representative director of D.

B. At the time of the conclusion of the instant transfer contract, the Plaintiff and the Defendants prepared a statement of obligation performance (hereinafter “instant statement”) and set forth the Defendants’ obligations related to the instant transfer contract, and the key contents are as follows.

The certificate of performance of obligations will sell all the shares issued by the above Company (D and representative director B) and the certificate of registration for construction business to the Dispute Resolution Company A and its related parties on May 30, 201 under the share transfer and takeover contract, and will be jointly and severally liable for damages and all other civil and criminal responsibilities if the following matters and any related matters are not fulfilled after the date of the acquisition of the Company:

1. When a license and administrative sanctions are imposed on a juristic person due to any act done before the transfer of stocks, each of them shall be jointly and severally liable and shall promptly resolve all related problems;

2. Each person shall be jointly and severally liable, and shall settle the repayment immediately, in cases where any obligation for payment other than contributions to the Financial Cooperative, obligation for performance, obligation after the date of stock transfer, or liability or tax due to any cause prior to the date of stock transfer;

3. If a civil or criminal issue or civil petition is filed due to a project in progress as of the date of stock transfer, each of them shall be jointly and severally liable and immediately liable;

4. The date of stock transfer; and

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