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(영문) 서울동부지방법원 2018.06.22 2017가단5991
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 42,680,000 per annum and 15% per annum from May 11, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 5, 2014, D entered into a business license agreement with the Defendant to pay KRW 450,000,000 for intermediate payment until December 5, 2014, intermediate payment of KRW 100,000 for KRW 150,000 from the date of change of the name of the corporate registry (hereinafter “instant business takeover agreement”).

B. Under Paragraph (2) of the instant transfer of business, “the dividend income tax on the Plaintiff’s earned surplus in the present year” is borne by the Defendant; “The separate burden after the settlement of earned surplus in 2014 (including expenses for management, cleaning, union dues, etc.)”; “The Defendant’s payment of corporate tax and various public charges (such as management expenses, cleaning expenses, union fees, etc.) in 2014 to the date of the payment of balance or before the beginning of the transferee’s business”; “the Defendant shall first deduct the outstanding amount of all commercial transactions of the corporation (including the personal attempted by the representative director) generated from the business before the change of the representative director’s name; and “the obligation of the existing representative director (including the Defendant’s personal attempted amount) after the payment of balance under Paragraph (5) is liable to the Defendant, who is the existing representative director.”

‘The Court determines'.

C. D also pays 270,00,000 won out of the above 450,000,000 won to the Defendant by succeeding to the Defendant’s existing loan. In addition, after the above takeover of business, D also deducts the Defendant from the balance of transfer the amount of KRW 10,880,000,000, totaling KRW 10,880,028, such as telecommunications charges and insurance premiums of the Defendant, and the amount payable prior to the transfer of business, and the amount payable in advance, KRW 3,719,50,000, which were incurred prior to the transfer of business, and the amount of KRW 16,142,358, which was calculated based on the unpaid earned surplus accrued until March 2014 and 2015.

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