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The Defendant’s KRW 120,00,000 and the Plaintiff’s annual rate of KRW 5% from September 4, 2015 to September 14, 2017.
Reasons
Facts of recognition
On March 7, 2013, the Plaintiff entered into a contract (hereinafter “instant contract”) under which the Plaintiff and the representative director and shareholders of D (established on September 14, 2010 and completed the registration of construction business on October 1, 2010; hereinafter “D”) and the Plaintiff, through an intermediary (person in charge): (a) signed a contract under which the Plaintiff would actually acquire D’s entire shares from E and the Defendant, etc. by acquiring KRW 173 million (hereinafter “instant contract”).
The main parts related to this case in the above contract shall be as follows:
Sales price of a contract for acquisition of a company: Terms and Conditions of sale 173 million won
1. Acceptance by transfer and change of 100% of the stocks;
2. The acquisition by a seller of actual assets and liabilities;
3. To include the balance after financing to the Financial Cooperative (5 million won);
4. With respect to non-performing debts of a seller incurred after takeover, matters to be verified and consulted in each letter of guarantee for the performance of defects of the seller;
1. Whether administrative disposition / arrears - None;
2. Whether he/she has failed to meet the standards for registration (professionals, capital, performance records) for not more than three years;
3. No succession to employment by executives or employees -
4. The reservation period for an engineer - Article 6 (Real History) (1) of the General Conditions for Enterprise Acceptance Contract (referring to the plaintiff; hereinafter the same shall apply in this case) of the Terms and Conditions for the Contract for Business 15 days after the balance date may request the director of the financial office, etc. prior to the payment of the balance, and the inspector designated by the "B" or "B" shall investigate the company subject to the sale and purchase, and the "A (E; hereinafter the same shall apply in this case)"
(2) If necessary, “B” shall conduct a primary inspection for one week from the contract date, and if there is any shortage, it may conduct a secondary inspection for one week from the contract date to three days from the balance payment date.
(4) “A” means a letter of delegation (or an application) and “A” necessary to visit an administrative agency, etc. to apply for the perusal of data in relation to the actual inspection.