손해배상(기) 등
1. The plaintiff's action against the defendant A shall be dismissed.
2. The Plaintiff:
A. As to Defendant B, KRW 192,450,00 and this.
1. Facts of recognition;
A. The party-related Plaintiff is a company engaged in the manufacture and sale of the parts of the electronic device, and Defendant A and B engaged in gold-type, papering, and sex-related manufacturing business under the trade name of “E” (the business registration was made in the name of the Defendant A, but the actual business was made by the Defendant B), Defendant C is a person who engages in the wholesale and retail business of the mid-term machinery with the trade name of “F”, and Defendant D [the former trade name is a “stock Company G,” and Defendant D is a “H” (hereinafter “H”).
A) In the course of the transaction of supplying goods to the Defendant, H entered into a supply contract with the “E,” and thus, H could not transfer the price of supply to the account in the name of “Company G,” thereby changing the trade name to “Co., Ltd. D” in order to receive a transfer of the price of supply to the Defendant Company’s account. Therefore, Defendant D is an enterprise separate from Defendant B’s “E” operated by Defendant B; hereinafter “Defendant Company”) is a company that manufactures and sells eco-friendly materials such as infant supplies.
B. On June 1, 2011, the Plaintiff and Defendant A’s business transfer agreement 1) that takes over the entire equipment and business rights of the Plaintiff’s chemical plant in Hysung City from the Plaintiff for KRW 251,450,000 (hereinafter “instant business transfer agreement”).
(2) Defendant B guaranteed all obligations owed by Defendant A to the Plaintiff under the instant business transfer agreement (the latter part, Defendant B was the actual owner of “E” and was in preparation of a written confirmation to the effect that he/she would be jointly and severally liable for the performance of the instant business transfer agreement.
2) The main contents of the instant transfer agreement are as follows.
Article 1 (Purpose of Contract) The Plaintiff shall transfer to the Defendant A all the Plaintiff’s facilities and business rights located in the Gyeonggi-do Esified City I pursuant to the provisions of this Agreement.
Article 2 (Subjects of Transfer)