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(영문) 인천지방법원 부천지원 2018.02.01 2017가단104707
손해배상금 지급 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entry of evidence A No. 3, by integrating the whole purport of the pleadings:

The Plaintiff and the Defendant operated D Industrial Complex as a partnership business in Gyeyang-gu, Incheon, and entered into a comprehensive business transfer agreement (hereinafter “instant business transfer agreement”) with the following terms and conditions on June 25, 2014.

In order to maintain the identity of the business by comprehensively succeeding to the defendant all rights and duties concerning the business of the D Industrial Complex operated by the plaintiff of the business comprehensive transfer contract, a contract shall be concluded as follows:

Article 1 (Transfer Method 1) The Plaintiff’s transfer of business as of June 25, 2014 (including the estimated amount of retirement benefits) shall be the acquisition amount of the assets and total liabilities, including accounts receivable and accounts payable as of June 25, 2014, to the Defendant, and the amount calculated by subtracting total liabilities from total assets shall be the acquisition amount. 2) The employees as of June 25, 2014 (including the estimated amount of retirement benefits) shall be the Defendant’s acquisition amount.

The type of business registration of a transferee shall be registered in the same manner as the transferor.

Article 2 (Evaluation 1) The value of the assets to be acquired by transfer: The value of the assets to be acquired by transfer: 320,000,000 won: the liabilities related to the Plaintiff’s personal liabilities and D, other than the Plaintiff’s personal liabilities, shall be liable to the Defendant.

The validity of the transfer under Article 3 is effective as of June 25, 2014, and the plaintiff shall submit the business closure system on the grounds of the transfer of business, and the defendant shall conduct the business from June 25, 2014 to the defendant's account.

The plaintiff in the duty to cooperate under Article 4 shall provide all cooperation necessary for the defendant's transfer of ownership and the performance of his/her business.

Premiums shall be paid until August 16, 2014.

On July 31, 2014, 50 million won, 50 million won on August 16, 2014, 2014, 50 million won on June 25, 2014

A. The Plaintiff’s assertion (1) on January 201, 201 for the operation of D Industrial Complex.

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