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(영문) 서울남부지방법원 2016.10.11 2016가단200570
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. Since November 24, 2009, Defendant B served as the representative director as a corporation engaged in the business of manufacturing, selling, etc. of solar batteries, Defendant C actually operated the above company as Defendant B’s reference.

B. On November 2013, the Plaintiff and Defendant B entered into a business transfer/acquisition agreement (hereinafter “instant contract”) with the following content.

Article 2 (Transfer and Receipt Value)

1. The criteria for the amount of business transfer and acquisition under this contract shall be the total amount of assets and liabilities of certified public accountants as of the date of conclusion of this contract;

2. The value of the transfer or acquisition of a business shall be the balance obtained by subtracting the total amount of liabilities, including the allowances from the total amount of assets for business under paragraph (1) above;

Article 4 (Duty of Cooperation) Defendant B shall provide overall cooperation necessary for performing all the duties related to the transfer of the Plaintiff’s business.

Article 8 (Matters of Special Agreement) In addition to the above General Matters of Contracts, the plaintiff and the defendant B shall determine the following matters as special agreement:

1. Other matters of special agreement between the plaintiff and the defendant B are to prepare a separate written agreement.

C. On November 26, 2013, the Plaintiff and Defendant B drafted a written agreement with the following terms and conditions in accordance with Article 8 of the instant contract:

1. The corporate name of the changed corporation shall be changed to the Investment Trust Co., Ltd.;

2. Change of the representative director B from the former representative director to A representative director; and

3. A new place of business shall be relocated by leasing a new place of business at the place of business located in the Geumcheon-gu Seoul Metropolitan Government.

6. Conditions of stock transfer, and conditions of stock share transfer, and the total amount of transferred shares in preparation of a contract for transfer, shall be 24,71,666 won;

7. All business affairs related to the operation of the business will be carried out under the responsibility of the defendant.

Plaintiff

B agree that the defendant's business instruction shall not raise an objection against the defendant's business instruction and shall not be an issue of performing his/her duties.

Plaintiff

B shall be the year 2014.

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