(영문) 광주지방법원 2016.06.09 2015가단529749

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(영문) 광주지방법원 2016.06.09 2015가단529749

사원권양도

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1. The Plaintiff:

A. The defendant B transferred the share of 5,100 shares of the defendant limited liability company C, and B.

Reasons

1. Facts of recognition;

A. Defendant B and D are the couple of basic facts, and the Defendant Company is the total amount of 5,000 won per investment share and 50,000,000 won in total amount of capital. The total number of contribution units as a limited company established on May 21, 1982, are 10,000 shares.

B. Defendant B, on behalf of the Defendant Company, drafted a notarial deed in the name of Defendant B, on February 17, 2012, the 21st century comprehensive law office on behalf of the Defendant Company, with the principal of KRW 50,000,000, interest rate of KRW 2.5% on April 27, 2012, with the maturity of 30% on April 27, 2012, with the delay payment rate of KRW 30,000 on March 16, 2012, with the obligee F, with the principal of KRW 30,00,000 on March 16, 2012, with the maturity of KRW 20% on April 16, 2012, with the interest rate of KRW 37,10,00,000 on interest rate of KRW 2.5% on October 10, 2012, with each of the notarial deeds agreements as compulsory execution.

C. On December 6, 2012, the Plaintiff and Defendant B concluded a sales contract between the transferor and Defendant B under the name of transferee H, which includes the following, and paid the said Defendant KRW 20,000,000 as down payment:

In selling 51% of the shares of Defendant B by Defendant Company to the assignee, the assignee shall prepare two copies of the contract, with the items specified below:

(1) The transferee of the sales amount of KRW 135,00,000 shall pay the transferor 20,000 to the transferor as the sales contract amount.

A transferee shall pay 30,000,000 won to a transferor as an intermediate payment on December 14, 2012.

A transferee shall pay the transferor the balance of 85,000,000 won on April 6, 2013.

(3) The transferee of the obligation by succession shall succeed to all the obligations of the defendant company after the contract date.

(5) No notarial deed issued due to any loan borrowed in the name of the defendant B may be exercised under any other special agreement.

(The obligations of Defendant B). The part that Defendant D entered into this contract is agreed upon by the Plaintiff and jointly liable.

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