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(영문) 인천지방법원 2016.07.15 2015가합55942
위약금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. The following agreements (hereinafter “instant agreement”) were written as of October 31, 201:

The seal of the plaintiff corporation C is affixed to the plaintiff (stock company C) representative director A, the seal of the defendant in the name of the defendant, and the seal of E in the name of the defendant.

A: C Representative Director A: D: E Co., Ltd. (hereinafter referred to as “A”), D (hereinafter referred to as “B”), and E (hereinafter referred to as “A”) shall be agreed as follows:

C. On October 20, 201, “A” transferred the C representative director of the Co., Ltd. to “B”.

2. “A” transfers 100% of the shares to “B”.

Provided, That the transfer date shall be free of charge to all the property (bonds and debts) on the C Book.

3. The term “A” and “B” delegate the rights and obligations of “A” and “B” to “B”, such as the transfer and acquisition procedures of corporations and stocks, the de facto power of representation, and the right to conduct business (the authority held by “A” and “B” during the delegation period is deemed extinguished). “A” and “B” directly keep and manage the seal impression books, corporate cards, loan passbooks, etc. of “A” while performing duties with the care of a good manager until the loan-related administrative affairs are completed, and the said contract cannot be terminated.

4. “B” shall be paid KRW 50 million to “A” for the purpose of C acquired funds (including stock transfer proceeds), not later than November 7, 201, on a gold-day loan certificate or notarial deed issued and delivered.

(Transfer of Stocks and the obligation to implement them simultaneously). However, if a loan in progress is not implemented, this Agreement shall become null and void and shall be restored to its original state.

5. “A” is not a civil or criminal liability with respect to the risk burden (including taxation-free books) arising from the transfer, acquisition, etc. of a corporation.

6. Duties in respect of paragraphs 1 through 5.

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