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(영문) 광주고등법원 2015.05.01 2013나2947
매매대금
Text

1. Of the judgment of the court of first instance, the above defendant G exceeding the amount of money ordered to be paid below.

Reasons

1. Basic Fact-finding D Co., Ltd. is a stock company incorporated on September 8, 201 in order to conduct a fire-fighting equipment business and a fire-fighting management agency business (hereinafter “instant company”). The Plaintiff is a person who actually operated the instant company from the time of its incorporation to July 18, 2012.

Defendant G, from April 2012, in contact with the Plaintiff and discussed the issue of acquisition of the instant company from around April 2012, concluded a contract between the Plaintiff and the Plaintiff on June 26, 2012 for the transfer of a corporation with the content of joint acquisition of the instant company at KRW 100 million from the Plaintiff (hereinafter “instant contract for transfer of a corporation”).

The main contents of the contract made between the parties are as follows:

(A) The transfer and acquisition contract (including the right of permission): The transferee (A) shall affix the seal of the representative director of the D representative director A who is a corporation: Article 1 (A) of the Act shall be attached to the seal of the “G”, and Article 1 of the Act shall be as follows.

1) All the fire-fighting construction business and fire-fighting inspection business owned by “A”, which are owned by “A”, shall be 3) all the assets and qualifications owned by the corporation and the corporation of “A”, and all the transfer proceeds [the transfer proceeds] transfer proceeds / [the amount of KRW 100,00,000] / The transfer proceeds / the transfer proceeds / [the amount of KRW 100,000] / Article 3 [the method of prohibition] 1] / “B” shall be paid to “A” as the down payment at the time of concluding the contract.

(2) Until July 2012, 2012, 200. 3) Any balance shall be paid on or before July 27, 2012, and the documents referred to in subparagraph 4 (d) shall be transferred to “B” and any corporation shall waive its rights.

Provided, That the balance may be paid retroactively.

Article 4 (Delivery of Required Documents) “A” means all of the transfer certificates and facilities following the conclusion of this Agreement to “B”.

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