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(영문) 광주지방법원 2016.10.06 2016가합365

양도대금반환

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. On March 2014, with respect to “D” operated by Defendant B between Defendant B and Defendant B, Defendant B transferred all the rights and obligations regarding the entire facilities and business of Defendant B to the Plaintiff, and the Plaintiff shall pay Defendant B the transfer price of KRW 200,000,000. Of them, the Plaintiff entered into a contract for business takeover with the content that the Plaintiff would take over KRW 100,000,000 against the purchaser transaction partner.

B. On April 29, 2014, the Plaintiff and the Defendant concluded an amendment to the above business transfer agreement. The main contents are as follows.

(hereinafter referred to as the “instant transfer of business” in combination with the said transfer of business and the said transfer of business. D

1. Premiums for facilities: 200,000,000 won;

2. Details of acceptance: Existing business partners, packaging paper, and packaging boxes (including copper plates), computers, peripheral devices, labels-flickers, and lackers;

3.The accounts receivable of the Customer shall not be accepted.

(including acceptance money)

4. No warehouse or inventory shall also be accepted;

(including acceptance money)

5. Forkeeps and ctv monthly rents: To be determined under agreement until the establishment premium is completed.

Fork: 440,00 ctv: 110,000 ctv: Defendant B 10% of the present businessman, Plaintiff B 90% of the total amount

6. Monthly rent for warehouse: To be determined under an agreement until the establishment premium is completed;

Rent: 1,00,000

7.The payment of accounting (e.g., packing and customer management) shall also be determined under the agreement which shall only be made.

Contents of agreement: 1,00,000 won paid by the Plaintiff as wages.

8. To cooperate in making every effort to maintain after acceptance;

To manage customers, secure customers, and provide various information;

9. The repayment method for any balance of KRW 100,000 shall be repaid in a specified amount; and

A certain amount to be repaid every month: The repayment shall be made within one year from the date of the contract.

However, 10. The acquisition amount of 200,000,000 shall not be paid in full, which may be postponed due to unavoidable circumstances.