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(영문) 대구지방법원 2018.02.27 2016가단104002
정산금지급 등 청구
Text

1. With respect to the rehabilitation case of the Daegu District Court 2016 Ma121, the Plaintiff’s rehabilitation claims against the Defendant are 85,000.

Reasons

1. Basic facts

A. On August 28, 2013, when the Plaintiff was in office as the representative director of the Defendant Company B (hereinafter “Defendant Company”), the Plaintiff entered into a comprehensive business transfer and acquisition agreement (hereinafter “instant agreement”) between E and E, which comprehensively transfers and acquires all rights and obligations regarding the whole real estate and facilities operated by the Defendant Company.

B. As to the instant contract terms and conditions, the Plaintiff: (a) operated the Defendant Company by August 31, 2013; and (b) operated by E from September 1, 2013; and (c) the Plaintiff agreed to bear all corporate operating expenses incurred by the bank from September 1, 2013 to August 31, 2013.

(hereinafter referred to as “B, August 31, 2013” is the basic date of the instant case (hereinafter referred to as “basic date”).

According to the above agreement, the Plaintiff transferred approximately KRW 400 million worth to the Defendant Company from September 5, 2013 to November 5, 201 of the same year in order to repay the Defendant Company’s debt incurred prior to the pertinent base date, and the Defendant Company transferred the amount of KRW 400 million to the Defendant Company to the Plaintiff to receive reimbursement for the claim incurred prior to the instant base date.

From May 2009, when the Plaintiff was working as the representative director of the Defendant Company, the Plaintiff supplied goods to the Daegu Industries Co., Ltd. (hereinafter referred to as the “Tacting Industry”). On November 19, 2013, the Defendant Company again agreed to pay the said agreed amount to the Defendant Company by November 26, 2013, when settling the transaction amount as of August 31, 2013, the amount of unpaid services was set at KRW 85,00,000, and the amount of unpaid services was set at KRW 85,000,000, and the said agreed to pay the said agreed amount to the Defendant Company by November 26, 2013.

After that, on July 2, 2014, E, C, and F assumed office as a director of the defendant company, and among them, E and C assumed office as a joint representative director of the defendant company.

(e).

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