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(영문) 대구고등법원 2016.07.06 2015나2981
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. The Defendant (former trade name before the change: E; hereinafter “Defendant Company”) is the owner of a building of 246.3 square meters and F No. 1 (hereinafter “instant real estate”) in Daegu-gu, Daegu-gu, and the Plaintiff was the representative director of the Defendant Company at the time of conclusion of the agreement as seen below, and G, which is the Plaintiff’s money, owned all the shares of the Defendant Company.

B. On April 30, 2013, the Defendant Company entered into an agreement with C and D (hereinafter “instant agreement”) with the same content as that of the instant agreement (Evidence A; hereinafter “instant agreement”).

A: H Representative Director A: C, 101 Dong 301, Daegu N, 101

1. A shall, in addition to the conclusion of the above agreement, change or move to the representative director, director, auditor, etc. of A or to a person designated by B;

(2) A shall enter into the above agreement and transfer all of the shares of A to a person who is designated by B or B, and B shall take over the shares of B.

In addition, Eul shall change the name of the representative of the business registration certificate to Eul, and Gap shall actively cooperate with it.

3. At the same time as the implementation provided for in paragraphs (1) and (2) of the above Agreement, Eul shall decide to change the name of A, which is the debtor of the right to collateral security, created on the land and building located in Daegu Jung-gu, and shall bear the expenses at the time of occurrence.

4. B as described in paragraph 1 of the Agreement, from the time when the registration of a juristic person is completed, B shall assume responsibility for all interest, such as financial interest, etc. arising in connection with the real estate as described in paragraph 3, and shall not pay any arrears until the sale of the said real estate.

5. B: (a) The real estate stipulated in paragraph (3) of the written agreement shall be sold to a third party until October 30, 2013; and (b) A, the representative director of the Party A, when the said period expires; and (c) October 4, 2013, when the said period expires.

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