계약금반환 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 4, 2014, the Plaintiff entered into a contract for transfer or acquisition of a corporation (including a charter bus transport business right) (hereinafter “instant transfer or acquisition contract”) with respect to the chartered bus transport business operated by the Defendant between the Defendant and the Defendant (the former trade name prior to the change: Fence Tourism Co., Ltd.) and paid KRW 50,000,000 to the Defendant as the down payment on the same day.
Article 1: Formation of a contract - Transfer price of the defendant corporation: 270,000,000 - Contract deposit: 50,000,000 won: The balance - The plaintiff (assignor) shall succeed to the obligation or pay in cash in accordance with the financial right succession procedure - In the event of the violation of this contract, the defendant (assignor) shall give up the contract deposit and the plaintiff (assignor) shall waive the contract deposit, and the contract shall be null and void.
Article 2: Subject matter of contract - The defendant (transferr) shall transfer or transfer to the plaintiff (assignee) the defendant corporation (the whole of transportation business rights, goodwill, etc.).
(Attachment of Debt Statement and Vehicle Statement) - The plaintiff and the defendant shall cooperate to the maximum extent possible for transfer or acquisition of business rights and complete transfer or acquisition by April 30, 2014.
Article 3: Other Matters (Omission) - With respect to the portion of claims and the amount of transferred vehicle directly operated by the vehicle until March 31, 2014, separate accounts shall be made after mutual verification, separate from this transfer and acquisition agreement.
Article 4:Status of Vehicles / Current Status of Obligations (Added)
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) In order to run a chartered bus transport business in Daegu Metropolitan City in accordance with the registration standards set forth in the Passenger Transport Service Act and the Enforcement Rule of the same Act, at least 20 vehicles must be owned, and the Defendant must transfer a total of 20 chartered buses to the Plaintiff according to the instant transfer or acquisition contract. The Defendant, despite the fact that each bus of the C was already disposed of or excluded from the object of transfer, is already disposed of or transferred, No. 5 (B) and No. 14 (C) in the annexed vehicle status table attached to the instant transfer or acquisition contract.