(영문) 서울고등법원 (춘천) 2018.10.10 2018나225

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(영문) 서울고등법원 (춘천) 2018.10.10 2018나225

기타(금전)

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1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. On July 6, 2011, the Plaintiff (hereinafter “instant invention”) completed its business registration with the trade name of “L” (hereinafter “instant business registration”) stating the manufacturing industry, category, mobile soil control, the installation and production of mobile-type housing, and the location of the location of the location of the mobile-type housing, by securing a space capable of blocking a reverse wind and staying in the heat and promoting the dispersion of the streets. The Plaintiff completed its business registration with the instant business entity under the business registration as “L” (hereinafter “instant business registration”).

B. On November 2014, the Plaintiff and the Defendants concluded a share transfer and a partnership contract (hereinafter “instant contract”) and the main contents are as follows.

(‘A’, “B”, “B”, and “A” refer to Defendant B, and “B”, respectively). 1. A transfers 100% of the share of the instant business registration owned by A to B, and 45% of the share to C, and take over by B and C.

2. A shall pay A the price for the share transferred to B and C as KRW 50 million, and Eul shall pay KRW 25 million for C and 25 million for C, in accordance with a special agreement.

4. In cases of withdrawal from a partnership due to personal circumstances in the course of operating a business, the equity holder shall succeed to the equity of the person who withdraws or shall allow the remainder to intervene with the consent of the equity holder;

5. The scope of business shall include all projects including mobile housing production, sale, repair, and technical installation, remodeling, etc. of existing houses carried out in existing L.

6. The business share of the above business management shall include matters concerning management, Eul, Byung, and matters concerning business and marketing, and matters concerning production shall be held responsible for Gap, and the representative under the official document and contract form outside the company shall bear the rights and duties on behalf of Eul, and Gap and Byung shall not exercise the management right.

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유사 판례

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