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(영문) 서울고등법원 2016.08.19 2015나28359
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. B entered into a contract for the transfer and acquisition between B and the Defendants (hereinafter “instant company”) from March 2010, when operating the E Co., Ltd. (hereinafter “B”) and around that time, the waste collection center located in the Nam-gu Incheon Metropolitan City (hereinafter “the instant collection center”) from EP logistics (hereinafter “E”) was located in the company, and the deposit amount of KRW 20 million, monthly rent of KRW 4 million, and the lease period of the instant collection center shall be 12 months. The lessor entered into a lease contract with the condition that the lessor shall use the goods for any other purpose at any time during the period of two months and at any time at the time of request for explanation (hereinafter “lease contract”).

In November 2010, B agreed to transfer the management rights of the company of this case to the Defendants in KRW 200 million. The Defendants paid KRW 100 million to B according to the above transfer agreement, and around that time, Defendant C was registered as the representative director of the company of this case.

B. B entered into a transfer contract between B and the Plaintiff was unable to receive the remaining transfer price of KRW 100 million from Defendant C, and the instant company transferred to another person for collection of the said transfer price.

Accordingly, B decided to transfer the instant company to the Plaintiff on September 16, 201 by the Plaintiff between September 16, 201 and the Plaintiff (hereinafter “G”) in the name of the instant company for KRW 30 million. The Plaintiff agreed to pay KRW 100 million to B the remainder of KRW 212 billion after deducting KRW 8 million in advance of the amount of waste collection collection expenses, KRW 10 million in the amount of KRW 330,000,000 from the amount of KRW 330,000,000,000 in the Seoul Metropolitan Area Reclamation, and KRW 20,000,000 in the amount of the down payment, and KRW 192,00,000 in the remainder on September 16, 2011, respectively.

(hereinafter “instant transfer/acquisition agreement”). The transferor party to the instant transfer/acquisition agreement is the instant company, and is in B at the time the said contract was concluded.

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