beta
Text
1. Each of the plaintiff's claims is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basic facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2-1, 4-8, 21-3, 22-2, the whole purport of the pleadings can be acknowledged.
The Plaintiff is a stock company established for the purpose of manufacturing clothes and wholesale and retail business, and C was a person who held the total number of the Plaintiff’s issued stocks as of March 2014.
The transferor corporation: The plaintiff, transferor, and transferee: D Co., Ltd. (the E Co., Ltd.; hereinafter referred to as "non-party company") agree to take over all the assets and liabilities of the corporation and the right of management in acquiring the total number of shares issued by the corporation by transferring and taking over the shares issued by the corporation by "B" through an agreement between the parties concerned.
Article 1 (Subject Matter of Transfer) The objects to be transferred by A to B shall be as follows:
1) The total number of shares owned by A and corporate assets and liabilities 2) the business licenses and all of the assets owned by A (attached to the list of assets and liabilities) 3) the business licenses and the total licensed matters (permitted matters and trademark rights) Article 2 (Transfer and Acquisition Prices) shares transfer and acquisition proceeds shall be KRW 160,000,000. Article 3 (Price Payment Method) 1) provides that “A shall pay 10,000,000 as down payment upon entering into a contract.”
2) The first intermediate payment of KRW 20 million shall be paid by March 2, 2014, and the second intermediate payment of KRW 60 million shall be paid after the inspection: Provided, That at the same time as the second intermediate payment is received, Party A transfers the documents referred to in Article 4 to Party B and waives all rights of a legal entity; 3) Any balance shall be paid on June 30, 2014; provided, however, that if any contingent debt exists, it shall be paid on April 30, 2014.
Article 4 (Delivery of Documents) A shall present and deliver to B all the documents transferred or taken over upon the conclusion of this Agreement, as follows, and if there is no problem in the change of the register of the court, B shall be the balance.