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(영문) 서울고등법원 2014.08.29 2013나54729
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On December 30, 2002, E Co., Ltd. (hereinafter “E”) entered into a corporate transfer contract (the first trade name was changed to E; hereinafter “E”) was established on December 30, 2002 with the total number of issued stocks as 10,000 shares for the purpose of real estate lease business having its head office in the Gu-si city. The Plaintiff A was actually operating and the Plaintiff B was registered as a nominal representative director.

E owned a building of 2127.9m2 and 3m2 above ground (hereinafter referred to as “instant land”) in Do Government-si. However, around July 2007, in the above land and building, the registration of 1,950,000 won of the maximum debt amount under the name of the Yangju Livestock Cooperative in the name of the Yangju Livestock Cooperative and the registration of 1,582,000 won of the maximum debt amount under the name of the Yangju Livestock Cooperative in the name of the Yangju Livestock Cooperative and the registration of 1,582,00,000 won of the maximum debt amount under the name of the Yangju Livestock Cooperative was completed, and the above Yangju Livestock Cooperative filed an application for voluntary auction, and the auction procedure was in progress.

Plaintiff

On July 9, 2007, A agreed to transfer all the assets and management rights owned by E to F, and entered into a corporate transfer agreement (as the certificate of No. 1, the transferor, and the guarantor of the transferor, the plaintiff A, the transferee, and the observer, but the plaintiff A, the observer, and the observer, did not conflict between the parties that they exceed the management rights of E; hereinafter referred to as the "corporate transfer agreement of this case").

In the instant corporate transfer contract, ① The F succeeds to the E’s debt and assets at the same time by agreement with the provisional presumption of the total amount of KRW 2,730,000 won, including the loan principal of the Yangju Livestock Industry Cooperatives, KRW 2,580,000,000,000, and the principal of the loan principal of the Yangju Livestock Industry Cooperatives, as the short-term debt, as the total amount of KRW 920,000,000,000,000,000,000 won, and the amount of overdue interest and the amount of national taxes and local taxes, etc., and ② the Plaintiff A simultaneously succeeds to the E’s debt and assets after preparing documents that can transfer all the shares of

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