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(영문) 서울남부지방법원 2017.10.13 2017가합103543

손해배상(기)

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 Plaintiff and C’s contract transfer and takeover agreement (including business rights) with the Plaintiff agreed to acquire the ownership and management rights of the corporation in transferring the total shares of the corporation to the Plaintiff, and entered into the following contracts:

Article 1 (Subject Matter of Transfer) C shall be the following objects to be transferred to the Plaintiff by C:

1. Total number of stocks and companies owned by C;

2. All rights of business and assets owned by C;

3. A permit for business owned by C and matters to be licensed, as prescribed in Article 2;

1. The amount to be transferred or acquired shall be the amount to be preserved for the amount to be refunded in the revocation of a refund requested by a customer at the time of September 26, 2016.

2. The amount of non-treatment of a refund requested to cancel the standard on September 26, 2016 shall be 130,625,520 won;

Article 4 (Delivery of Required Documents) C shall complete the registration of transfer of a corporation, if it is deemed that all of the transfer and acquisition documents following the conclusion of this contract are presented and delivered to a certified judicial scrivener office or the plaintiff as follows and there is no problem in the change of the court register.

22. Transfer of company's product homepage, etc. - The company's product homepage, at the request of the plaintiff, shall complete the transfer within six months from the date of this contract (the completion of confirmation of the documents of the actual inspection of the corporation before the contract)

1. Verification of the details of financial statements as of the contract date, the aggregate balance sheet, and the documents of customers' director, etc.;

2. Composition and contents of the goods sold by existing C;

3. A copy of contract for goods sold by existing C;

4. Confirmation of details in the form of sale through the Chapter E branch of the D Company E, which is a sales department of C, - Confirmation of the method of sale, the type of sale, and contract

5. Cancellation and completion of the pre-sale customer's cancellation and confirmation of the list - Confirmation of the Plaintiff's liability, such as the part on which the customer's cancellation is not handled - Article 7 (Duty of Notice to Transferr) provides as a separate document, Article 7 (Duty of Notice) C, such as the Commercial Act

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