양도대금반환
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
2...
1. Facts of recognition;
A. On January 19, 2007, the Defendants, as married couple, completed the business registration of the “D” under Defendant B’s name, and operated the wholesale and retail business of rice, miscellaneous, and entered into a contract to transfer all of the business related to “D” to the Plaintiff as follows (However, the transferor’s name was the Defendant B, who is the business owner of “D” under the contract) on March 21, 2014, and the Plaintiff deposited KRW 10,000,000 as the down payment in Defendant B’s account on March 21, 2014.
Article 1 (Subject Matter of Business Transfer) Business takeover shall also become an object of business takeover, all rights and obligations in respect of the D’s whole facilities as of the base date for business takeover (two packaging paper, copper board, packing machine, 2 computers, two computers, lifts, lifts, composite equipment, miscellaneous poppy, and miscellaneous art) and all of the rights and obligations in respect of the said business.
(Provided, That on the date of acquisition, Article 2 (Basic Date of Acquisition) shall be the time when full payment of the price related to facility premium and acquisition is made.
Article 3 (Determination of Price for Transfer) 1. The plaintiff shall pay to the defendant B the provisional assessed value of KRW 200,000,000 for the continuous operating income of D brands and Supply Transaction Center.
10,000,000 won (the acquired farming cooperative's KRW 50,00,000,000, the Flusium 50,000) shall be taken over by the Plaintiff.
2. The money referred to in paragraph (1) includes the right to sell brands, such as packaging paper, copper board, packing machine, etc.;
3. The outstanding amount due to the current base sales office shall be owned by Defendant B, and the outstanding amount due to the sales office accrued thereafter, as in Article 2, shall be owned by the Plaintiff.
Article 4 (Contract Deposit) The Plaintiff shall pay KRW 10,000,000 on March 18, 2014 to Defendant B.
Article 6 (Destruction of Contract) The contract deposit shall not be returned at the time of unilateral cancellation of contract by the plaintiff.
B. On April 29, 2014, the Plaintiff and the Defendants amended the aforementioned business transfer agreement as follows (i.e., the transferor’s name was the Defendant B at once; hereinafter “instant business transfer agreement”); and (ii) the Plaintiff on the same day.