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(영문) 서울북부지방법원 2017.02.10 2015가단140445
계약금반환
Text

1. The Defendant’s KRW 50,000,000 and its related amount are 5% per annum from October 29, 2015 to February 10, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. From April 1, 2008 to June 30, 2015, the Defendant is a person who has served as a representative director of C Co., Ltd. (hereinafter “Nonindicted Company”) from April 1 to June 30, 2015.

B. On November 28, 2012, the Plaintiff and D (hereinafter “Plaintiff, etc.”) entered into a contract with the Defendant to acquire the shares, management rights, etc. of the non-party company (hereinafter “instant contract”) with the following content:

(2) The Defendant shall enter into an agreement on the payment of the outstanding intermediate payments of KRW 2,850,000 (including financial right debts of KRW 566,00,000 as of November 28, 2012) (3) The payment method of the purchase price and the payment of KRW 200,000,000,000, in a case where the object to be transferred and taken over is indicated:

Until the fourth share of part payments is deposited, the exercise of the power of representation by the non-party company and the agricultural partnership C shall be implemented with the consent of the defendant.

Plaintiff

The defendant shall be paid 12 million won per month to the defendant on the 16th day of each month for three months from January 2013 to March 2013.

⑤ The total amount of debts of the non-party company succeeding to debts is KRW 5666 million shall be repaid for a new facility loan of the previous bank in the previous North Korea bank, and as of the date of transfer and acquisition, the plaintiff et al. succeeds.

(6) The transfer of a corporation to the fourth intermediate payment ( March 10, 2013) shall be completed.

(7) The employer, the successor, etc. shall succeed to the employment of employees in the employment succession without any separate condition, and the liability arising from personnel affairs and labor relations shall be the responsibility of the plaintiff, etc.

(8) Destruction of a contract.

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