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(영문) 대구지방법원 2019.01.17 2017가단123246
계약금반환
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) The Defendant is F Co., Ltd. (hereinafter “F”) in which the Defendant holds 73% shares of 73% shares to the “D” E located in Daegu.

(2) The Plaintiff B’s father G inferred the existing method of acquiring a construction company rather than the new construction company with respect to the entry into the construction industry, and sought whether the construction company has been transferred to I through H’s introduction.

G was a plan to donate the acquisition cost of the construction company to the Plaintiff B and to let the Plaintiff B take over the company.

B. On February 20, 2017, a corporate acquisition contract, including the following, was drafted between the Plaintiffs and the Defendant.

E/I brought about a corporate acquisition contract signed by the defendant and made the plaintiffs enter the part of the underwriter.

On the day, the Plaintiff transferred the down payment of KRW 70 million to the Defendant under the name of the Plaintiff B.

(A) The term "this case's underwriting contract". The total number of stocks to be sold: 120,000 won (the par value per share: 10,000 won): The balance after a loan of investment of 436 weeks (the balance of a loan of 419,00,000 won): 206,179,964 won: The purchase price and payment method: the remainder of KRW 70,000,000 for the purchase price of KRW 70,000 for the remainder of KRW 70,000 for the purchase price (the present contract) within March 10, 2017: the sale conditions of KRW 630,000 for the remainder of KRW

1. Transfer of 100% of stocks (or equities) or acceptance due to changes in registered matters;

2. Net asset liabilities shall be acquired by a seller;

3. To include the difference after lending money to the mutual aid association;

4. The base date for settlement of accounts for acceptance of guarantee with a letter of guarantee performance guarantee of a seller for non-performing debts incurred after takeover: The remainder date shall be within 10 days from March 10 after the completion of the verification check of documents, etc. by the seller.

C. The relevant provisions of “general terms and conditions of corporate acquisition agreement”, which are attached to the above contract, are as follows.

Article 3 (Subject to Sale and Purchase of Contracts) (2) The existing net assets of a company subject to sale are all carried out through a contract with the company.

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