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(영문) 대구지방법원 2019.05.30 2018나306988
법인양도대금
Text

1. The appeal by the primary defendant B is dismissed;

2. The costs of appeal shall be borne by the primary defendant B.

purport, purport, and.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “E”) is a company that carries on construction business, housing business, etc., and the F Area Housing Association is a regional housing association established to carry on a housing construction business in the G Group in the Y of Incheon City, and I (hereinafter “I”) is a company that mainly aims at construction business, advertising agency business, etc., and Defendant B was the representative director of I.

B. On November 19, 2013, the Plaintiff, the representative director of E, prepared a contract for corporate transfer and acquisition (hereinafter “instant contract for corporate transfer”) under which the Plaintiff would transfer all of the shares, management rights, etc. of E owned by the Plaintiff to KRW 150,000,000 as indicated in the name of Defendant C as indicated in the table below (hereinafter “instant contract for transfer of a corporation”).

The transferor (A) : D representative director A (A) : The object transferred by Article 31 (Subject Matter of Transfer) A to B is as follows:

1) Total number of stocks owned by A and corporate body 2) The entire business rights and assets owned by A [3] A’s business permit and license (a separate list of assets on the balance sheet as of the Prohibition Date of Balance Sheet) Article 2(1) of the (Permitted Matters) of the License Matters (Transfer and Takeover) are KRW 150,000 (150,000,000) per day.

2) A and H shall be paid in cash within 14 days at the time of business settlement (Provided, That additional expenses shall be settled over two occasions, and additional expenses shall be settled separately.

3) The revenue amount in Article 2 (2) cannot be transferred or taken over to another person, and the revenue amount in the case of transfer to another person shall not be settled.

Article 3 (Method of Prohibition of Transfer or Acquisition) The amount of authorization for establishment of transfer or acquisition shall be paid in cash within 14 days.

Article 4 (Delivery of Required Documents) A shall be limited to the amount of money received and disbursed as follows:

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