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(영문) 대구지방법원서부지원 2020.02.05 2018가단63119
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company that operates the power distribution team and the business of manufacturing the automatic power control team.

(hereinafter “Defendant Company”). (b)

On May 17, 2017, the Plaintiff entered into a contract for transfer and acquisition with the content that he/she is transferred all the rights to the Defendant’s management from the representative director of the Defendant Company, and C withdraws from the representative director and the inside director, and the Plaintiff transferred his/her management right by taking office as the inside director of the Defendant Company on May 17, 2017 and operated the Defendant Company.

The transferee of the transfer contract: C transferor (former representative director) and C transferee (former representative director) shall transfer and take over all the rights of management, etc. to the defendant company by the deadline of June 30, 2017, and verify as follows:

1. On June 30, 2017, the Plaintiff transferred all the rights to the management of the Defendant Company to the transferee C (hereinafter the transferee) on June 30, 2017, and all civil and criminal responsibilities are entirely borne by the transferee from the date of transfer.

2. On May 31, 2017, Defendant Company acquired the total sales amount at the time of acquisition by the Plaintiff, but after one month, Defendant Company supplied the entire sales amount of the Plaintiff and E (the share) sales amount by June 30, 201 and received a notice of public notice that the transaction will be suspended thereafter, and became subject to a serious risk in business management. The transferor is fully responsible for the loss incurred by the transferee, and the transferee agrees to pay KRW 100,000 to the Plaintiff as compensation, and the transferee C re-acquisitions the sales amount.

3. The above real estate site owned by the Defendant Company (F, G, H, I, J), buildings, machinery, vehicles, etc. are transferred to the assignee.

6. The accounts receivable K and E (17,920,496) shall be transferred to all representatives of the defendant company (60,280,560 won per day) and the accounts receivable (17,920,496 won).

7. The time of filing a legal procedure (provisional attachment lawsuit) for the collection of the attempted credit by the Bank of Bankruptcy D and E.

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