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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant held 1,500 units of equity among 3,000 units of equity for a limited liability company C (former trade name: D, hereinafter “foreign company”) in the name of the Defendant, and the remaining 1,500 units of equity for a limited liability company C (former name: D, hereinafter “foreign company”).
B. On May 11, 2012, the Defendant entered into a contract for transfer and acquisition of a corporation with the Plaintiff and Nonparty Company (hereinafter “transfer and acquisition contract”) (hereinafter “transfer and acquisition contract”).
The main contents are as follows. Article 1 / [Subject matter of transfer] The object to be transferred by the Defendant to the Plaintiff is as follows. (1) The business right owned by the Defendant is owned by the Defendant 2) 3) The business permit owned by the Defendant and the matters of license (permitted matters) / The transfer price is KRW 15,00,000.
Article 3 [Method of Prohibition of Substitute Payment] (1) The Plaintiff shall pay 8,000,000 won to the Defendant at the time of concluding a contract as down payment. (2) The Plaintiff shall pay 2,00,000 won to the Defendant by May 11, 2012.
3) The balance shall be the payment key on May 25, 2012. At the same time, the defendant transfers the documents under Article 4 to the plaintiff and waives all of the rights of the corporation. Article 5 [Adjustment of Claim Amount] 1] The defendant shall be liable for and settle the wages of officers and employees, retirement allowances, wages, and other matters before the date of acquisition (the base date).
2) Other taxes and public charges (including various insurance-related issues) other than the above notice shall be liable to the Defendant. Article 6 (Duty of Notice by Transferor) (Article 6) shall be notified to the Plaintiff immediately preceding the contract in the event there is any implementation of the Commercial Act, the Corporate Tax Act, and other relevant Acts and subordinate statutes, and any other serious cause of the company. However, the Defendant shall be held liable for civil and criminal liability if the Plaintiff suffers loss due to any liability for which the said notice was not complied with or has not been notified and any other material cause of the company.