(영문) 창원지방법원 2019.04.04 2018가합51303

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(영문) 창원지방법원 2019.04.04 2018가합51303

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1. The Plaintiff (Counterclaim Defendant)’s main claim against the Defendant (Counterclaim Plaintiff) D and Defendant E and the Defendant (Counterclaim Plaintiff) D.

Reasons

1. Facts of recognition;

A. On October 6, 2015, the network I (hereinafter “the network”) that was the actual operator of the FF Co., Ltd. (hereinafter “G Co., Ltd.” and “H Co., Ltd.” (hereinafter “instant Company”) entered into a contract with Defendant D to transfer the said Company (hereinafter “instant contract”).

B. At the time of the conclusion of the instant contract, Defendant D had the name of Defendant E (J company) as the owner of the building, the name was changed to the J apartment (L apartment; hereinafter “instant apartment”). Defendant E guaranteed Defendant D’s debt under the instant contract.

The transfer or acquisition contract of a corporation shall be made.

1. Indication of goods to be transferred - Corporation name: F (State);

2.The indication of the parties - The transferor (A): F Chairperson I - The transferee (B): D and B shall sign and affix their seals on the transfer or takeover of the above marking corporations on the following terms:

Article 1 (Transfer Amount) - Cash Payment: 100,000,000 won - Payment of substitute: 140,000,000 won - Aggregate: 240,000,000 won - Substitutes payment shall be made by fixing the apartment M of this case as KRW 140,000.

Article 2 (Methods and Conditions for Payment of Price) 20,000,000 won of down payment shall be paid in cash until October 6, 2015.

Balance KRW 80,000,000 shall be paid in cash until October 30, 2015.

The contract for sale in lots shall be 140,000,000 won, including the unpaid amount of 40,000,000 won for the previous rent, and the contract for sale in lots shall be made by giving B, and the shortage shall be made by receiving the loan from the financial institution.

Provided, That the amount of sale shall be settled in accordance with the amount sold by B.

Article 3 (Adjustment of Liabilities)

1. The liabilities incurred after the transfer and takeover of the entire construction work performed by A shall be liable to A; and

At the time of disposal, the apartment house shall be arranged after the year it has been acquired to a person designated by A.

2. The work undertaken by Eul shall be arranged under the responsibility of the assignee, provided that the work undertaken by Eul is undertaken.

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