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(영문) 서울고등법원 2015.11.05 2015나2027802
손해배상(기)
Text

1. The part against Defendant C in the judgment of the first instance shall be revoked, and the plaintiff who corresponds to the revoked part shall be the defendant C.

Reasons

1. A sales contract for shares in D basic facts;

1. The total sale price shall be KRW 50 million, and Defendant B shall sell 50% of the shares held in D to the Plaintiff at KRW 250 million.

2. The Plaintiff shall pay the Defendant B a down payment of KRW 100 million on July 15, 2006, and shall pay the remainder of KRW 150 million on July 31, 2006.

3. Defendant B shall pay KRW 30,000,000,000,00,000, which is the charge of the sub-lease deposit to the next Deputy Vice-Speaker, to the Plaintiff on the remainder payment

4. On July 31, 2006, the remaining date of the balance, the income and expenditure of both the accounts receivable, accounts payable, and accounts payable, etc. of the Plaintiff, Defendant B, and C shall be included, and in particular, the calculation of each contribution shall be made by taking into account the taxes and public charges, the amount of tax credit due to the employee's benefits and investment, etc. that may arise after the rent, and the amount of

(C) July 15, 2006

A. On July 15, 2006, the Plaintiff decided to purchase 1/2 shares of Defendant B with respect to D (hereinafter “D”) from Defendant B (hereinafter “instant sales contract”), and drafted a sales contract with the following contents.

On the same day, the Plaintiff paid the down payment of KRW 120 million to Defendant B.

D Certificates of Trading Equity Shares

1. The party;

(a) A: Defendant B of the seller;

(b) B: The remaining Defendant C;

(c) buyer: the plaintiff;

2. Details;

(a) A and B own 50% of their shares of D, respectively, and on July 31, 2006, A sell 50% of their shares to C;

(b) On July 31, 2006 with respect to the sale of shares, after the settlement of the amount expected to have been made by C, C, and C on the amount expected to have been imported and disbursed after D’s borrowing of shares, the profits and losses will be new into “0”.

(c)The estimated import amount at the time of settlement shall include the settlement amount with the entire president, the amount outstanding for insurance and general repairs, the towing vehicle operating claims, the construction section costs newly purchased, the amount of tax refund and the cash held on the date of settlement of accounts, and the amount due thereafter shall be the unpaid part, loan, the amount of loan, the amount of cancellation, and the amount due; and

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