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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The defendant.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) is a company with the purpose of waste disposal business, etc. (the location: L L) and E Co., Ltd. (hereinafter “E”) is a company with the purpose of waste disposal business, wood crushing business, etc. (the location: NA), and the location of each company is adjacent to the location of each company.
B. Around 2012, the Defendant had approximately KRW 730 million claim against C for which rehabilitation procedures (No. 2010 Mahap28) were in progress.
C. On January 20, 2012, the Plaintiff acquired the Defendant’s claim against C and E’s shares, factory sites, etc. from the Defendant, but paid 30 million won of the down payment on the date of the contract, and the remainder of 70 million won until February 28, 2012, respectively. However, if the claim ratio purchased by the Plaintiff among the claim against C is less than 80%, the Plaintiff may re-consult on the remaining payment date, and the Defendant shall cooperate with the other creditors to transfer the claim to the Plaintiff, and shall make every effort to deviate from legal management (hereinafter “instant transfer/acquisition agreement”). D.
The Plaintiff shall acquire the shares, factory sites, etc. of E from the Defendant from the Defendant on the date of concluding the transfer contract of the instant case, etc., and the remainder KRW 30 million on the date of the contract, and the remainder KRW 140 million on the date of the contract, and the remainder KRW 100 million on February 20, 2012, it is obvious clerical error that the payment date of the remainder on February 20, 2010 is written on the transfer contract of the instant case.
Upon entering into a transfer contract with each of the following items (hereinafter “instant transfer contract”), the Defendant agreed to reimburse the Plaintiff for KRW 60 million, an amount equal to the down payment of KRW 30 million in the event that the Defendant breached the above transfer contract, and to waive the down payment of KRW 30 million in the event that the Plaintiff breached the above transfer contract.
The transfer contract of this case C, etc. and the transfer or acquisition contract of this case E.