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(영문) 광주지방법원 2018.08.08 2017나60511
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Defendants C, F, G, and H (hereinafter “sellers”) as shareholders of D Co., Ltd. (formerly: E Co., Ltd.; hereinafter “instant Company”) sold all of the shares of the instant Company to the Plaintiff, I, J, and K (hereinafter “Buyers”) at KRW 321,00,000,00, around February 2016.

B. On the other hand, as of February 5, 2016, a letter of performance guarantee (hereinafter “each of the instant notes”) with the main contents as follows was drawn up. Each of the above letters is written by Defendant B and joint guarantor, and the Defendants’ seals are affixed on the name of the Defendants, and the Defendants’ seals are affixed to the name of the Defendants, and a notary public certified on February 12, 2016 as the law firm non-exclusive personal records as of February 12, 2016.

2. Each person shall be jointly and severally liable, and shall settle the repayment immediately, in cases where any obligation for payment other than contributions to the Financial Cooperative, obligation for performance, obligation after the date of stock transfer, or liability or tax due to any cause prior to the date of stock transfer;

6. It is confirmed that no taxes and public charges, including national taxes, local taxes, and four major insurance premiums, have been paid, no taxes and public charges to be paid, and that no tax invoice has been purchased falsely for the last five years, and that no unpaid credit, unpaid benefits, and retirement allowances have been paid, and that, even after the transfer, there has occurred any problem of material price, construction cost, wages of officers and employees, retirement allowances, and other liability, each of them shall

C. After that, the instant company imposed a total of KRW 17,39,90, resident tax in 2015, KRW 655,290, KRW 1,100,000, and KRW 11,199,010 for the insurance premium in 2015 ( KRW 8,520 for the employment insurance premium of KRW 2,607,020 for the toilet expansion in the L High School) and KRW 17,354,290 for the industrial accident insurance premium in 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2 (including each number in the case of additional number) and arguments.

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