(영문) 수원지방법원 2017.04.14 2015가합67621

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.04.14 2015가합67621

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that operates the manufacturing and sales business of lighting fixtures, and the Defendant is a person who, as seen in the following sub-paragraph (b), has established and has operated the Plaintiff as the representative director of the company before transferring the Plaintiff’s shares to C.

B. On October 13, 2010, C entered into a share transfer contract with the Defendant to acquire all the Plaintiff’s management rights and outstanding shares in the amount of KRW 360 million for acquisition price (hereinafter “instant contract”) and entered into a share transfer contract and agreement with the Defendant. The main contents are as follows.

주식 양도양수 계약서 양도인 : D, 피고 양수인 : C 양도회사의 표시 : 원고 ◎ 양도자산의 표시

A. The Plaintiff’s shares and 100% of the management rights and the corporation’s assets and liabilities

2. Transfer date;

(a) The transfer date of a corporation shall be determined on September 30, 2010;

(b) All liabilities of the corporation before the base date verified by the transferee that the transferor occurred, and the transferee shall be liable for the incurred liabilities on or after the base date.

5. The transferor shall be responsible for any contingent liability not indicated in the detailed statement of payment and any contingent liability not indicated in the detailed statement of payment.

A payer agreement: A contractor of the plaintiff (representative E): D and the contract amount under Article 1 of the defendant

(a)the agreed amount shall be determined by the drawee as KRW 3.66 billion to the contractor;

(b)the date of payment shall deposit the cash of KRW 100 million in the account designated by the contractor within seven (7) days from the date of the transfer of the entity (the date of completion of the payment

(c) The remaining amount of payment shall be deposited in cash each half million won on a quarterly (3/6/9/10) 201, and the balance 1.8 billion won shall be deposited and terminated from November 201 to October 201 in an account designated by the contractor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendant concluded the instant contract on September 30, 2010.

유사 판례

-수원지방법원 2014.12.11 2014가합9802

-특허법원 2017.05.25 2016나1233

-수원지방법원성남지원 2015.08.19 2014가합205948

-부산지방법원 2017.04.05 2015가합6787

-청주지방법원 2019.12.19 2018가합5529