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(영문) 창원지방법원 2016.12.08 2015가합34215
주식양도대금등
Text

1. Defendant B Co., Ltd.: (a) KRW 2,108,536 to the Plaintiff; and (b) KRW 6% per annum from June 1, 2012 to December 8, 2016 to the Plaintiff.

Reasons

In fact, D changed its trade name to “B” on May 7, 2012, as a corporation whose purpose is to intermediate construction waste disposal business, etc.

(hereinafter “D”). The Plaintiff is a beneficial shareholder holding all 5,00 shares of D. The Plaintiff is a beneficial shareholder.

(However, for D’s 3,300 shares, the Plaintiff entrusted each name to E, for 15,950 shares to F, and for 15,950 shares to F, barring any special circumstance, the Plaintiff is deemed to own the Plaintiff). The Defendant B Co., Ltd. (hereinafter “B”) is a corporation with the purpose of general waste and specific waste collection and transportation business, and the Defendant C is the representative director of the Defendant B.

A contract for transfer and acquisition between D and the defendant B is a contract under which the contract for transfer and acquisition of shares is concluded before entering into a comprehensive contract for transfer and acquisition of shares.

Article 1 (Subject Matter) Any object transferred by D and taken over by B shall be as follows:

1. Article 2 (Method of Transfer or Acquisition by Transfer) (1) D and B of all the land, buildings, machinery, equipment, permission, goodwill and other assets owned by D shall be realized by transfer or acquisition of stocks;

(2) E (3,300 shares), F (15,950 shares) and A (35,750 shares) as shareholders of D have the duty of a transferor jointly with D.

(3) D shall be fully liable for the performance of procedures for stock transfer to a person designated by B or B of the shares held by the stockholders of D.

(4) D and B shall prepare a comprehensive transfer/acquisition contract and a stock transfer/acquisition contract for the purpose of this contract, and all the provisions of this contract concerning the rights and obligations thereof shall be governed by the provisions of the comprehensive transfer/acquisition contract, and the transfer/acquisition contract of stocks shall be limited to performing the procedures following the transfer/acquisition of stocks and the report of transfer income tax.

Article 3. (1) D and B shall include the assets under Article 1.1 as the total purchase price of shares.

(2) The list of assets and debts under paragraph (1) shall be listed in attached Form.

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