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(영문) 수원지방법원 2020.04.23 2018가단527974
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company running oil sales business in the course of operating a gas station in the attached list (hereinafter “instant real estate”). Defendant C is the representative director of the Defendant Company from October 22, 207 to October 11, 2012 and from May 22, 2013 to May 22, 2013.

B. On June 29, 2011, the Plaintiff entered into a contract between the Defendant Company and the Defendant Company on the acquisition of all rights and obligations regarding the instant real estate business that the Plaintiff comprehensively takes over (hereinafter “instant acquisition agreement”). The key contents are as follows.

A contract for the transfer and acquisition of business rights: The following contracts are entered into with respect to the transfer and acquisition of all rights and obligations regarding the business of the defendant company located in Chungcheongnam-si, Chungcheongnam-si, where the plaintiff "A" is operated:

Article 1(Purpose)(A) The comprehensive acquisition of all rights and obligations regarding the business of the Company A under this Agreement by “B” is for business transfer under Article 6(6) of the Value-Added Tax Act.

Article 3 (Representative and Transfer of Stocks) The rights and sovereignty of the representative and shareholders of “A” shall be transferred immediately to the designated person of “B” or “B” upon the request of “B”.

Article 5 (Value of Transfer or Acquisition) The details of transfer or acquisition shall be as follows:

1) Real estate succession: 1.4 billion won (in the event that a bank loan is transferred from D to a defendant company, a bank loan shall be succeeded and the balance shall be paid in cash.

The date of succession shall be determined by mutual consultation.

2) B2B Fund succession: KRW 300 million (payment in cash as of the base date of transfer or takeover) KRW 300 million (based on the base date of transfer or takeover) guaranty insurance policy (based on the base date of transfer or takeover).

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