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(영문) 서울고등법원 2019.04.19 2018나10540
약정금 등
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff, the Defendant 1 and Defendant B’s lawsuit acceptance of the lawsuit, C, 724.

Reasons

1. Basic facts

A. On May 23, 2011, the network B (hereinafter “the network”) entered into a contract for acquisition and transfer of shares (hereinafter “instant transfer contract”) with Defendant C, which owned 13,579 shares of D’s wife and D’s share, as well as KRW 120,700 of the total shares of D’s shares, and KRW 202,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

B. At the time of the instant transfer contract, the Deceased and the Defendant C (hereinafter collectively referred to as “Defendant C, etc.”) prepared a letter of performance of the obligation (hereinafter “instant letter”) that “If any defect or problem arises in the construction works completed as of the date of stock transfer or the construction works jointly and severally guaranteed by D to another company, the Defendant C, etc. shall be jointly and severally liable and immediately resolved,” and the content of the instant letter is as follows.

In accordance with a stock transfer contract on May 30, 201, the Plaintiff and its specially related persons shall sell the total issued stocks and the right to authorize the registration of construction business on or before the date of the acquisition of the company, and if the following matters and related matters are not fulfilled after the date of the acquisition of the company, they shall be jointly and severally liable for damages and all other civil and criminal responsibilities:

1. When a license and administrative sanctions are imposed on a juristic person due to any act done before the transfer of stocks, each of them shall be jointly and severally liable and shall promptly resolve all related problems;

(b)

3. Since a corporation is in progress as of the date of stock transfer, each person shall be jointly and severally liable for civil or criminal issues or civil complaints arising before the date of the balance payment.

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