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(영문) 대전지방법원천안지원 2014.02.18 2012가합5684
양수금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 18, 2011, the Defendant entered into a contract to transfer the entire shares issued by the Defendant, the entire assets owned by the Defendant, etc. to KRW 1 billion (hereinafter “instant contract”) with Leston learning Co., Ltd. (hereinafter “ Leston learning”). The main contents of the instant contract are as follows.

(A) “A” and “B” refer to the Defendant, and “B” refer to Lestoning) - Dam - Article 1 (Transfered Objects) A transfer to B the following objects:

(1) The total number of shares owned by A, corporate and corporate property owned by A, and (2) The ownership, authorization, and permission rights of the workplace owned by A, and (3) the business rights of the said workplace in relation to the above workplace referred to in paragraph (2) above, all of the documents necessary for continuing the business of the said workplace, such as the accounting books of the said workplace, the list of field design books, etc., imposed upon A, shall be liable for and settled by A, and all of the obligations owed from the existing contractual relationship between A and a third party, and B shall not succeed to any obligation, obligation, etc.

(A) Article 4 (Transfer and Receipt). The Bank’s loan liabilities amounting to KRW 480 million shall be liable and succeeded to)

(a) Transfer price of stocks;

1. The price for total issued stocks shall be fixed at par value;

2. A shall prepare a contract for stock transfer, sign and seal the contract, order a person designated by B along with a certificate of his seal impression, and include the payment of the price for the stocks in the following business rights and the transfer price for the corporation's property;

(b) Costs for transferring or taking over business rights and corporate property;

1. The cost for transferring or taking over the business rights and the corporate property shall be one billion won;

2. Of the above payments, 1) Of the above payments, 20 million won of down payment 20 million won, 3) part payments 60 million won of the 3rd payment 50 million won of the down payment 50 million won of the intermediate payment 50 million won shall be paid to A and the part payments shall be made by A’s corporate bank liabilities by March 31, 201.

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