(영문) 서울중앙지방법원 2018.11.01 2017가합558918

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(영문) 서울중앙지방법원 2018.11.01 2017가합558918

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “B”) is an executor who implemented a new E construction project with the 13th floor size above the 7th ground level above the 7th ground level above the 7th ground level above the 7th ground level on the land of Gangseo-gu Seoul Metropolitan Government, and Defendant C Co., Ltd (hereinafter “C”) is the owner of the above site.

B. On August 18, 2015, the Plaintiff entered into a corporate transfer and takeover contract (hereinafter “instant contract”) with Defendant B for the purpose of acquiring the instant business by transfer.

The transferor: Defendant B transferee agrees to acquire the ownership and the right of management of the corporation in acquiring the ownership and the right of management of the corporation by transferring and taking over the total shares of the corporation according to the corporation's body through the agreement between the Plaintiff and the transferee.

Article 1 [Subject Matter of Transfer] Objects A transferred to B by A shall be as follows:

1) The total number of shares owned by A and all corporate rights and assets owned by A. 2) Article 2 / [the transfer and takeover price] of the business license and permitted matters owned by A / [the transfer and takeover price] Article 2 / the transfer and takeover price shall be KRW 9 billion for project cost expenditure (including base payment and expected payment cost) and the down payment shall be paid at the time of the contract on August 18, 2015. Article 3 [the method of payment for project site] and Article 3 [the method of payment for project site] shall be separate by mutual agreement with A. Article 4 / [Delivery of required documents] provides a list of documents that are possible to prevent interference with the operation of B. (The following documents shall be provided at the time of completion of payment of the price.)

Article 7 (Compensation for Loss Caused by Violation of Mutual Agreement) (Compensation for Loss) In the event of default by Party A, the amount of the down payment received from Party B shall be compensated for, and in the event of default by Party B, this contract shall become null and void and the down payment shall vest in Party A (Provided, That this provision shall not apply where the contract is reversed through mutual

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