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(영문) 서울남부지방법원 2016.04.01 2014가합114979
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 117,700,00 and the period from October 8, 2014 to November 3, 2014.

Reasons

1. The facts below the facts of recognition may be found either in dispute between the parties or in combination with Gap evidence 1, Eul evidence 1 and 2.

Article 6 The Plaintiff does not neglect to exercise due care as a good manager in the management and operation of its property until the completion of the business transfer after the conclusion of this contract. In addition, the Plaintiff, the representative of the Plaintiff, F and the head of the team, the Plaintiff of Article 11, cannot retire from the Defendant Company without the Defendant Company’s permission until the end of the service or the monthly sales of the “D” due to the removal or equivalent act from the domestic telecommunications server of “D”, one of the two types of games after the Defendant Company received the business transfer, or the monthly sales of “D” fall below 2 million won.

On July 24, 2013, the Plaintiff entered into a contract with Defendant B (hereinafter “Defendant Company”) to comprehensively transfer KRW 298,842,703 (hereinafter “instant acquisition agreement”) total amount of the purchase price of all rights and obligations with respect to Class D and E, which was developed by the Plaintiff, to the Defendant Company.

The content of the acquisition agreement of this case is as follows.

B. On March 28, 2014, the Plaintiff: (a) determined that the acquisition price of the Defendant Company is KRW 1110 million as of March 28, 2014; (b) determined that the acquisition price of the acquisition price of the Defendant Company is KRW 80 million as of March 28, 2014; and (c) concluded that the acquisition price of the acquisition price of the Defendant Company is KRW 30 million as of March 28, 2014, the Plaintiff paid KRW 80 million as of July 31, 2014 in four equal installments; (d) paid the acquisition price of the aforementioned acquisition price of the Defendant Company as of September 30, 2014; (e) on November 30, 2014; and (e) on December 31, 2014; and (e) concluded that the Defendant Company’s representative director, also agreed to pay the remaining amount of the purchase price of the Defendant Company (hereinafter “instant joint guarantee agreement”).

C. The Defendant Company is the remainder of the acquisition price of this case to the Plaintiff by August 12, 2014.

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