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(영문) 울산지방법원 2017.08.10 2016나20480

물품대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The status of the parties as a company is the manufacturing and processing business of the raw materials, ordinary steel lines, etc. used for cooling pressure control, and the Plaintiff supplied special steel materials to B Co., Ltd. (hereinafter “B”) from July 201, and the Defendant is a company whose business purpose is non-ferrous metal manufacturing and wholesale sales.

B. On April 25, 2014, between the Defendant and B, the Defendant entered into a contract for the transfer and acquisition of B’s assets and goodwill (hereinafter “instant contract for the transfer and acquisition of business”).

A business transfer and takeover contract: B: In case the defendant Gap and Eul are comprehensively transferred and acquired all rights and obligations concerning the business (the business rights and obligations specified in the business registration certificate and the separate assets and liabilities) located in Gyeong-gun, Gyeong-gun, Gyeong-gun, the two parties are entered into a contract as follows:

Section 1 (Purpose) The purpose of this Agreement is to comprehensively acquire all rights and obligations relating to the assets and business rights of Party B located in Gyeong-gun, Gyeong-gun, Gyeong-nam.

Article 2 (Date and Scope of Transfer) A shall comprehensively take over all rights and obligations concerning B’s business rights and assets as of the date of conclusion of the contract.

Article 3 (Transfer and Acquisition of Debt Assets) A and B shall determine the details of transfer and acquisition of debt assets as follows:

1. Non-performance of loan: By April 25, 2014, repayment of loan to or conversion into debt of Eul shall be made.

The term "100,000,000,005.06% for non-high loan of 200,000,000 or 6.41% E" as of April 21, 14, the term " 100,000,0000,58%" for 100,500,000,000, 59% G" for 55,589,092 May 67, 192" means "20,00,000,000, 185,282,444.33%" for 1,640,57,536.

2. Non-performance (A Bank): By April 30, 2014, A shall repay.

K. A loan with a loan account number of the remaining amount of the loan (won).