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(영문) 광주지방법원 2015.01.30 2013가합11104
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s obligation based on the corporate transfer and takeover contract on February 8, 2013 against the Defendant (Counterclaim Plaintiff) on February 8, 2019,042.

Reasons

1. Basic facts

(a)The following facts are not in dispute between the Parties:

1) C Co., Ltd. (hereinafter “C”).

(D) On October 16, 2012, the E Corporation (hereinafter referred to as the “instant Corporation”) from D Farming Association Corporation.

during the construction period from November 1, 2012 to April 10, 2013 (including value-added tax; hereinafter the same shall apply) 2,640,00,000 won for the construction period.

(2) On February 8, 2013, the Plaintiff entered into a contract for the transfer and takeover of a legal entity (hereinafter “instant transfer contract”) that accepts C in the Defendant’s operation at KRW 170,000,000 (hereinafter “instant transfer contract”). On the same day, the Plaintiff paid KRW 100,000 to the Defendant for the payment of KRW 1,00,000 to the Defendant. The main contents of the instant transfer contract and guarantee are as follows.

The objects to be transferred to B by the transferee B (Defendant) B (Defendant) of the contract for the transfer and takeover of a corporation, Article 1 of the contract for the transfer and takeover of a corporation, are as follows:

1) 50% of the shares owned by Party A and 2) Company A’s business licenses and assets owned by Party A, and Article 2 of the Business License and License Matters (Permitted Matters) are transferred or acquired by Party A to Party A as KRW 170,000,000. Article 3 Section 1 of the Payment Method is to pay KRW 100,000,000 to Party A at the same time as the contract is concluded.

2) Any balance shall be repaid in installments by September 2013. 3) Within 10 days after entering into a contract with the documents specified in Article 4, A shall transfer to B, and any corporation’s rights shall be waived after receiving the final transfer.

Article 10 (Special Terms and Conditions 4) A agrees to succeed to the profits and losses of the construction project under construction including B.7) A and B shall be liable for the transfer of all expenses, such as taxes and public charges (excluding agreed matters) due to the transfer by the corporation as at the date of payment of down payment (the time of occurrence).

This Agreement is in progress in accordance with Article I.

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