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(영문) 수원지방법원안양지원 2015.06.03 2014가단105019

손해배상(약정금) 청구의 소

Text

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. From July 2012 to “D”, Defendant B transferred to the Plaintiff, on November 1, 2013, the amount of KRW 120,000,000 (contract deposit amount of KRW 80,000,000 and the remainder of KRW 40,000,000) while engaging in the business of supplying beverages, composts, etc. to the stores of the Overcheon Horse race tracks.

(hereinafter “instant transfer contract”). (b)

The main contents of the instant transfer contract are as follows.

Article 2 (Subject Matter of Transfer and Acquisition) (1) The transferor shall transfer to the transferee the business assets of the transferor provided for the business activities of this case as of the date of this contract or acquired as a result of the business activities of this case.

(2) The transferor shall transfer to the transferee all of the facts having various economic value (including contract relations, customer relations, management organization, sales expense, reputation, trade name, production technology, know-how, sales network, sales network, authorization, permission, and goodwill, etc.) that have been equipped or acquired through all business activities as of the date of the conclusion of this contract, as at the time of transfer or performance.

Article 5 (Procedure of Transfer and Acquisition and Date of Transfer) (1) If the down payment is paid, the transferor shall comprehensively implement all the procedures necessary for the transfer of transferred assets and economic-value facts until the completion date of transfer by the method suitable for each transferred assets and facts.

(2) The transfer performance date shall be deemed to be transferred and performed immediately upon the completion of payment of any balance, and as a result, all the authorities and responsibilities for all kinds of business and transactions related to the main business shall be deemed to be vested in

(3) Where a transferor requests cooperation from a transferee so that the transferee can take over the transfer for three months after the date of performance of the transfer without any problem, he/she shall fully cooperate therewith.

Article 7 (Duties of Transferors) (1) At the same time as this Agreement is concluded and at the same time, the transferor shall provide relevant data, such as various data on business performance, books, finances (including assets and liabilities), general affairs, personnel affairs, etc. requested to ascertain the current status of the Project.