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(영문) 대구지방법원 2016.06.16 2015나12466
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. Defendant B’s limited partnership company (hereinafter “Defendant B”) is a juristic person whose purpose is the land aggregate extraction business, etc., and the Plaintiff was the former representative member of Defendant B.

Limited Partnership D is a corporation whose purpose is to extract aggregate from land, and E is a representative member of limited partnership D who is a limited liability member of defendant B and is a limited liability member.

B. Around January 23, 2014, Defendant C agreed to acquire shares from the Plaintiff to acquire Defendant B, and entered into an agreement with the following content (hereinafter “instant agreement”).

Defendant B and Defendant C signed and sealed the above agreement, and limited partnership D signed and sealed as a guarantor.

The agreement B is the content of transferring the representative A to C, and the agreed amount of KRW 1223 million out of the agreed amount of KRW 15 million shall be immediately remitted to A head of Tong after transfer of registration, and the remaining balance of KRW 78 million shall be paid up to February 20, 2014.

If the documents for the transfer of registration are insufficient, A shall supplement all documents, and C and E of the guarantor shall faithfully implement the commitment amount.

C. Defendant C prepared and delivered each of the following documents to the Plaintiff on the date of conclusion of the instant agreement:

As of January 22, 2014, the waiver note shall be delegated to B Representative C all of the particulars registered in the corporate register of KRW 2500,000,000,000,000,000.

As the representative C is responsible for the subsequent transfer tax and all kinds of taxes, A I swear that I will not raise an objection. D.

On January 23, 2014, Defendant C acquires all Plaintiff’s shares in the corporate register of Defendant B on January 20, 2014, and is appointed as an unlimited employee and a representative member with unlimited liability.

‘Registration' has been completed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including paper numbers; hereinafter the same shall apply), part of witness F of the court of first instance, the purport of the whole pleadings

2. Determination on the cause of the claim.

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