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(영문) 수원지방법원 2017.06.20 2016가합81471

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company whose purpose is to process, distribute, and sell livestock products; a transferee acquires all assets and business rights of slaughterhouses from an agricultural company Sym Livestock Industry Co., Ltd. (hereinafter "Sym Farming Industry"); and the plaintiff is a creditor of Sym Livestock Industry.

B. On June 11, 2015, the Defendant entered into an agreement on the acquisition of part of the land, building, machinery, apparatus, corporeal movables, and slaughter business from the Syman Livestock on the acquisition of the land, and the authorization and permission right, etc. to engage in the business of slaughter KRW 13.475 million (including value-added tax) and agreed on the payment method of the purchase price (hereinafter “the acquisition price of the instant case”), as follows.

Article 3 (Price for Acquisition by Transfer) The consideration for "subject matter" provided for in this Agreement shall be KRW 13.477 billion (including value-added tax), but the details thereof shall be as follows:

Land price: 3.5 billion won

(b) Costs of buildings: 2.5 billion won;

(c) Machines and apparatuses: 20 million won;

(d) The price for vehicles and corporeal movables: 1.5 billion won;

E. All proceeds of business licenses, including various licenses and licenses: KRW 4.87 billion (time and amount of payment for acquisition by transfer) Article 4 (Time and Amount of Payment for Acquisition by Transfer) “B” (the Defendant) should pay the acquisition by transfer to “A” (SM) in the following manner:

Down payment: The principal contract shall be certified after the completion of the principal contract and immediately after the completion of the ownership transfer registration document shall be paid to "A" in the form of a down payment.

B. The balance: After the completion of all of the verifications or co-operations specified in this Agreement, the balance of KRW 479,115,529 must be paid to the “A” two months after the date of the conclusion of this Agreement after deducting the down payment and all of the deductions under this Agreement from the proceeds.

The balance of KRW 479,115,529, which was settled based on the debt statement stated in attached Table 10, stating the items to be deducted from the purchase price, shall be at the time this contract is concluded.