Text
1. The Defendants are jointly and severally liable for KRW 78,00,000 and the Defendants’ limited partnership companies from February 21, 2014 to April 24, 2014.
Reasons
1. Basic facts
A. The status of the party company as the defendant limited partnership company B (hereinafter "Defendant B") is a corporation with the purpose of collecting aggregate on land, etc., and the plaintiff was the former representative of the defendant B.
Limited Partnership D is a corporation whose purpose is to extract aggregate, and E is a limited partner of defendant B and a representative member of limited partnership D.
B. 1) Defendant C’s acquisition of shares from the Plaintiff to the Defendant B and the acquisition of shares from the Plaintiff, and the following agreement on January 23, 2014 (hereinafter “instant agreement”) is concluded (hereinafter “instant agreement”).
A) The agreement was concluded. Defendant B and Defendant C signed and sealed the agreement, and the limited partnership company D signed and sealed as a guarantor. The agreement was signed and sealed by the limited partnership company B, the representative A, and the agreement was transferred to C, and the down payment of KRW 123 million out of the agreed amount of KRW 100,000,000 shall be immediately remitted to A passbook after transfer of registration, and the remainder of KRW 78 million shall be paid up to February 20, 2014. Upon the shortage of registration transfer documents, Defendant C and the guarantor E shall supplement all documents, and faithfully implement the commitment amount. (ii) Defendant C and the guarantor E shall prepare and deliver each of the following descriptions to the Plaintiff on the date of conclusion of the agreement in this case:
As of January 22, 2014, the waiver note shall be delegated to B Representative C all of the contents registered in the corporate register of KRW 2500,000,000 as the waiver of shares in the register.
As the representative C is responsible for the subsequent transfer tax and all kinds of taxes, A I swear that I will not raise an objection.
C. On January 23, 2014, Defendant C, who has completed the registration of a juristic person, completed the registration with the purport that the Plaintiff’s share transferred on January 20, 2014 in the corporate register of Defendant B, thereby becoming a general partner and being appointed as a representative member with unlimited liability.
[Reasons for Recognition] Unsatisfy, Gap 1 and 4 evidence, Eul 2 evidence (including each number), and some testimony of witness F;