(영문) 부산지방법원 2019.11.21 2019가단305546

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(영문) 부산지방법원 2019.11.21 2019가단305546

보증채무금

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1. The Defendant’s KRW 126,00,000 as well as 8% per annum from January 4, 2013 to November 4, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Around January 10, 2013, the Defendant, a representative director, purchased shares and management rights of E Co., Ltd. (hereinafter “E”) that are local corporations operating Cambodian farm from D (hereinafter “D”), and D and C, around January 11, 2013, drafted a three-dimensional agreement (hereinafter “instant agreement”) with D’s creditors regarding the payment of the purchase price under the said sales contract with F, G, and the Plaintiff.

In accordance with the third written agreement, the seller and the buyer agree in relation to the sale and purchase of E-stocks as follows: (a) D (hereinafter “seller”) (hereinafter “Buyer”) (B) F (c) (hereinafter “party to receive remittance”) (hereinafter “party to receive remittance”) G (hereinafter “party to receive remittance”) (hereinafter “party to receive remittance”); (d) the Plaintiff (hereinafter “party to receive remittance”) and the buyer (hereinafter “party to receive remittance”) agree as follows.

Article 1 [Effect of Secondary Agreements)

1. The seller and the buyer enter into this Agreement on the substance of the share purchase price.

2. This Agreement does not legally enforce any legal enforcement to facilitate the convenience of the buyer at the time of remitting the purchase price of the buyer's shares to the extent that there is no legal or accounting problem at the time of remitting the purchase price of the buyer's shares.

3. It should be aware that the buyer has submitted all relevant documents which the buyer can legally process in taxation and accounting before remitting them, and that, if not, he may not transfer them to the seller’s corporate account.

4. The remittering Party should be aware that the purchaser and the Party not having legal effect, but is not a Party to exercise legal rights to the terms of this Agreement.

Section 2 (Relation to other Contracts) This third agreement is only a provision concerning the transfer of the purchase price among the contents of the first and second agreements, and it is also an existing other agreement.

유사 판례

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