(영문) 서울동부지방법원 2019.11.27 2017가단143978

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2019.11.27 2017가단143978

자동차인도등 청구의소

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,600,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 3, 2018 to November 27, 2019.

Reasons

1. Basic facts

A. On February 25, 2017, the Defendant, the representative director of the Plaintiff Company, entered into a contract for the transfer of stocks and management rights (hereinafter “instant transfer agreement”) with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) of KRW 41,250 (in the face value of KRW 5,000 per share, KRW 68.75%) of the Plaintiff Company and all rights related thereto, and entered into a contract for the transfer of stocks and management rights (hereinafter “instant transfer agreement”). The main contents are as follows.

A specialized transferor (Defendant) shall transfer registered common shares and the management rights of the target company (Plaintiff company) owned by the transferor to the underwriter (in a non-party company), and the underwriter intends to acquire them.

(hereinafter referred to as “this transaction”). The parties to this transaction shall enter into a contract with a view to determining all matters relating to this transaction as follows:

Article 1 (Subject Matter of this Agreement) The basic matters of the Company subject to this Agreement shall be as follows:

1. Company: A (Plaintiff) capital: 300,000,000 won: 60,000 won per share (5,000 won per share) head office address: 5) corporate registration number of Seongdong-gu Seoul building : F6 representative director: B (Defendant)

2. The subject matter to be taken over by the “subscriber” under this Agreement includes 41,250 common shares (5,000 per share value, 68.75 per share value), management rights and any rights related thereto of the “Subject Company” owned by the “Transferr”.

Article 2 (Sales Price and Payment Method, etc.) The total sale price of stocks subject to acquisition by transfer shall be presented by the transferor, and the assets and liabilities recognized by the transferor shall be 550,000,000 won per annum (550,000,000) on the basis of the statement of financial position, and the items specified below and the subject amount specified in this amount among the liabilities of the company subject to acquisition by transfer shall be to be repaid by the transferor, and the transferor shall be liable

1) The Export-Import Bank Co., Ltd. (135,200,000) shall have the interest rate of KRW 2,00,000,000,000.

유사 판례

-수원지방법원 2018.11.22 2018구합65867

-서울중앙지방법원 2018.05.31 2017가합578875

-서울남부지방법원 2019.01.11 2017가합104461

-서울중앙지방법원 2019.04.18 2018가합527171

-창원지방법원 2015.12.17 2015가합32578