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(영문) 울산지방법원 2016.06.16 2014가합16964
손해배상 청구 등
Text

1. Defendant A and Defendant B jointly and severally with the Plaintiff KRW 152,808,994 as well as the aforementioned amount from September 24, 2014 to June 16, 2016.

Reasons

1. Basic facts

A. 1) On February 4, 2014, the Plaintiff entered into a contract for transfer and acquisition of a construction corporation (hereinafter “D”).

(1) The term “instant transfer/acquisition agreement” refers to a contract under which Defendant B and D’s representative director acquire all the shares and construction business licenses, management rights, etc. (i.e., no executive officer or employee) in the purchase price of KRW 240,000 (hereinafter “instant transfer/acquisition agreement”).

(4) The Plaintiff’s “Defendant B or D’s officers are not entitled to request the return and distribution of the above funds due to its act on the day preceding the date of transfer (the date of prohibition of remaining payment) and the date of payment of all corporate liabilities, national taxes and taxes, and other assets and liabilities other than those related to the Financial Cooperative (the object of transfer) shall belong to “Defendant Do Do ” and the balance (including interest recognized as provisional payment) as of the date of transfer (the date of acquisition) shall be included in the price of transfer, and the transferor shall, in principle, withdraw the transfer from the price of the provisional payment for reasons of financial circumstances, omit the flow of the above funds, and the transferee shall not directly succeed to the transfer, and the transferee shall not request the return and distribution of the funds to the corporation.”

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