logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.10.30 2018나2049940
대여금
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, except where the third party 5 to 12 of the judgment of the court of first instance are used as follows. Thus, this part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“Around March 13, 2014, the Plaintiff and E’s “H acquisition and merger agreement” drafted a “H acquisition and merger agreement” (hereinafter “instant acquisition agreement”) with E. The main contents are as follows. H acquisition and merger agreement is as follows: H (a) between C (State) A (hereinafter referred to as “A”) and H (hereinafter referred to as “E”) E (see, e.g., terms and conditions of transaction following the State acquisition and merger) and (b)’s representative E (hereinafter referred to as “E”) pursuant to the principle of trust and good faith, thereby ensuring transparency in this transaction and mutual interest.

1. H disposed assets:

(a) the amount of transfer of all seedlings held by H-owned G seeds and seedlings for the purpose of H-owned G is KRW 590 million per day;

Transferred seedlings refers to all production seedlings according to H’s projects.

(b) the H’s exclusive license disposition means the right to all G varieties filed by H in the Republic of Korea, and the amount of assignment under the above conditions, subject to the registration by H in the future at the time of the registration of the exclusive license, shall be KRW 100 million.

C. The amount of H claims and the amount of debts are consulted on the basis of “the details of H claims and obligations” in Appendix 1, and the amount of debts arising after the completion of the consultation is entirely liable E.

4. Transfer of H shares;

(a) as soon as the contract has entered into, transfer 100 per cent of H equity;

Upon completion of the consultations referred to in paragraphs (1), (2), and (3), H shares 100% shall be transferred to the Plaintiff.

5. Payment of the price;

(a) Method of payment of transaction amount;

2.30 million won of down payment shall be the amount borrowed from C or A in 2013 by offsetting and treating it.

6. Upon completion of all consultations under paragraphs 1 through 5 above, H’s rights and assets are owned by the Plaintiff.

A person shall be appointed.

2. The plaintiff's assertion.

arrow