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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) A Co., Ltd. (hereinafter referred to as “instant company”) entered into a contract with Defendant C, a representative director and shareholder of the instant company, which would engage in rent-a-car business, etc., and Defendant B, a representative director of the instant company, delegated all of the rights related to the sale of the instant company to Defendant C around November 17, 2015. (2) On November 20, 2015, the Plaintiff entered into a contract with Defendant C, a representative director and shareholder of the instant company, with the purport that the Plaintiff comprehensively acquired the instant company’s business.
At the time, the Plaintiff directly signed and signed the contract by Defendant C, a representative of the instant company, with the seal affixed by proxy name and seal affixed to the representative director of the instant company.
(A) The specific contents of the instant contract are as follows: (a) comprehensively transfer the rights and obligations relating to the business of the instant company operated by the transferor to the transferee and operate the instant business without suspending the business. In other words, the transfer and acquisition date shall be based on the date of the contract; (b) the transfer and acquisition date shall be based on the date of the contract; and (c) the date of change of the corporation’s registration and representative shall be the remainder payment date.
C) The total transfer amount of KRW 130,000,000, down payment amount of KRW 20,000,000 shall be due on November 20, 2012, intermediate payment of KRW 50,000,000 and due date of payment of KRW 1 December 20, 2015, and the remainder of KRW 60,000 and due date of payment of KRW 60,000 shall be December 10, 2015.
e) The transferor provides the assignee with all the information and data necessary for the management of the company of this case, and all all the national and local taxes (the fines for negligence before the remainder date shall be the transferor, and the transferee thereafter.