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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 10, 2014, the Plaintiff entered into a contract for the transfer and takeover of a corporation (hereinafter “instant contract”) which acquires the shares and management rights of the Defendant Company with the following content, between the Plaintiff as the shareholder of the Defendant Company and the representative director, and on the same day, paid 100 million won to E as the down payment, and was appointed as the Defendant’s director and the representative director.
The acquisition amount: The balance of the former 00,000,000 won (10,000 won): the payment amount of the balance until February 28, 2014 (800,000 won) of the daily 00,000 won (80,000 won).
(Provided, That the foregoing amount shall be transferred to the account designated by the transferor, excluding the total amount of assets and liabilities to be accepted - the down payment and remainder.
- The transferee shall succeed, by universal title, to the assets, liabilities, etc. of the transferring corporation at the same time.
-To cooperate with a person designated by the assignee upon the receipt of the down payment in such a manner that it does not interfere with the undertaking of the assignee.
1) At the same time of the payment of any balance, a transfer contract in the present place of business is succeeded to and is in possession of the transferor’s management until the balance is paid in full, in order to secure the balance at the same time as the down payment is received.
3) The bank obligations jointly and severally guaranteed by the current E representative director shall be cancelled simultaneously with the payment of any balance. 4) Except as otherwise determined in consultation with the transferor after the change of the representative director until the payment of balance is made, the transferee may not dispose of or lease the assets of the corporation only with the status of the representative
5) On-site management shall continue to be conducted by the transferor in consultation with the transferor and shall be borne by the transferee for expenses incurred in the site management until the balance is paid. 6) If the transferee fails to pay any balance (including any delay in performance), the down payment shall be reverted to the transferor with penalty or without notice, and the transferor’s right shall be attributed.