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(영문) 대구지방법원 2018.04.26 2016가단132441
법인양도대금
Text

1. The primary Defendant B’s 150,000,000 won and 6% per annum from July 17, 2014 to December 27, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (name was changed to E around November 22, 2013; hereinafter “E”) is a company whose main purpose is construction business, housing business, etc.

The F District Housing Association is a regional housing association which obtained authorization for the establishment of the Housing Act on July 2, 2014 for the purpose of conducting a housing construction project in G Il-si.

The transferor (A) : D representative director A (A) : The object transferred by Article 31 (Subject Matter of Transfer) A to B is as follows:

1) The total number of stocks owned by Gap and corporate body 2) all of the business rights and assets owned by Gap (the asset list [Attachment] of the balance sheet as of the date of prohibition of balance) 3) the business permission and the licensed matters (the permitted matters) Article 2 (Transfer and Takeover) 1) the transfer and acquisition price shall be 150,000,000 won.

2) A and H shall be paid in cash within 14 days at the time of business settlement (Provided, That additional expenses shall be settled over two occasions, and additional expenses shall be settled separately.

3) The revenue amount in Article 2 (2) cannot be transferred or taken over to another person, and the revenue amount in the case of transfer to another person shall not be settled.

Article 3 (Method of Prohibition of Transfer or Acquisition) The amount of authorization for establishment of transfer or acquisition shall be paid in cash within 14 days.

(Provided, however, Article 10 (Special Agreement) A does not have any obligation other than the list of separate notes, or verify that there is no other bill endorsement, current account guarantee, and all kinds of guarantees, and that there is no civil or criminal reason for it. 4) A agrees that the place of business under construction (the place of business) including B will succeed to losses and losses.

5) We agree with Gap and Eul that this contract is a blanket contract for the transfer of Gap's business rights, the transfer of corporation and the transfer of takeover. 6) We agree to settle any balance payment (paid and notified amount) at the time of payment.

7. The balance payment date of Gap and Eul shall be the remainder payment date.

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