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(영문) 인천지방법원부천지원 2014.02.13 2013가단4106
횡령금반환
Text

1. The Defendants jointly and severally share 12,051,60 won for Plaintiff A and 16,725,530 won for Plaintiff B Co., Ltd and each of the said money.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2, and 3; and (c) evidence Nos. 8-1, 2, and 1; and (c) the purport of the entire pleadings:

The F Co., Ltd. (hereinafter “former Company”) is a company established with Defendant C as its representative director for the purpose of the service security business, etc., and Defendant D was registered as an internal director and Defendant E as an auditor.

B. Plaintiff A operated a stock company B, but around January 2012, the Plaintiff entered into a contract for transfer and takeover of a corporation (hereinafter “instant contract for transfer and takeover”) with the former company to acquire ownership and management rights of the former company (hereinafter “instant contract”).

C. At the time, Defendant C issued a report on the current status of the company’s liabilities, including sales accounts, etc. as to the current status of the company’s liabilities before the change, that its liabilities, including 355,031,720 won, and purchase payment, are more than 14,196,107 won than its assets. For the foregoing reason, Defendant C agreed to pay the amount that Defendant C would pay to the Plaintiff, and the Plaintiff and Defendant C signed the said report on the current status stating the above content.

At the time of the instant transfer and acquisition contract, the Plaintiff A and the Defendants agreed that the said contract is not transfer of business rights, but transfer of the corporation, and the present customer contract should be accepted as it is, in principle, and that “1. transferee (Plaintiff A) shall be liable for the termination of the customer’s termination due to the modification of the instant opening contract during the process of acceptance by the Plaintiff A. As of February 10, 2012, the transferor (the Defendant) agreed that, although there is a customer list as of February 10, 2012, if there is a customer (director, closure, sale, etc.) who does not have any actual transaction, the Defendants compensate for the amount of 12 times the monthly

hereinafter referred to as the "agreement of this case"

E. In addition, the defendants are the defendants of this case.

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