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(영문) 서울동부지방법원 2014.09.24 2013나11555
정산금등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in the entries in Gap evidence Nos. 1, 2, 3-1 through 13, Gap evidence Nos. 6, 7, 8, and Eul evidence No. 1.

On August 2, 2010, the Plaintiff was appointed as the representative director of C Co., Ltd. (hereinafter referred to as “C”) and operated C.

B. On May 18, 201, the Plaintiff, as the representative director of C, entered into a contract for transfer and acquisition of a corporation (including business rights) with the Defendant (hereinafter “C”) by transferring 50% of the total shares C to the Defendant (hereinafter “Defendant”) and the Defendant’s acquisition of the ownership and management rights of the corporation. The details are as follows.

Article 1 (Subject Matter of Transfer) The subject matter A transferred to B shall be as follows:

1) 1/2 (50%) of the total number of shares owned by A and 2) the entire business rights and assets owned by A (a separate list of assets and liabilities on the balance sheet as of the date of prohibition of balance) 3) the business permit and the transfer price of the business permit and the license (permitted matters) Article 2 (Transfer and Acquisition Price) of A shall be KRW 200 million. Article 3 (Prohibition of Substitute Payment) 1 shall pay KRW 200 million to A by May 25, 201 after entering into a contract.

3) Upon receiving the price, A transfers the documents specified in Article 4 to B and waives all of its rights. Article 4 (Delivery of Required Documents) A shall deliver all of the transfer and acquisition documents following the conclusion of this contract to B as follows, and if it is determined that there is no problem in the change in the court register, B shall pay A the price.

1. Minutes of the inaugural general meeting;

2. Minutes of directors;

3. Articles of incorporation/list of shareholders;

4. Alteration of the minutes of registration (from the establishment to the date thereof);

5. Original copy of business registration certificate (issuance of tax office).

6. Financial statements and detailed statements by account as of the date of settlement of accounts and contract until the date of establishment;

7. Details of payment of various insurance and value added taxes;

8. Other relevant documents from the incorporation to the date of establishment.

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