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(영문) 제주지방법원 2018.03.26 2017가단5692
양도양수금반환등
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from October 24, 2017 to the date of full payment.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a corporation established for the main purpose of domestic and foreign travel business, etc., and was designated by the Minister of Culture and Sports as a D's exclusive travel agent for attracting tourists (hereinafter “exclusive travel agent”) on August 2010, and is in charge of D's domestic travel business. The Defendant is the representative director C.

B. On November 3, 2015, the Plaintiff entered into a contract for the transfer and takeover of a legal entity (hereinafter “instant transfer contract”) with the content that the Plaintiff shall acquire the total number of shares and the legal entity, business rights and assets owned by C and the Defendant, business licenses, business licenses, and licensed matters in KRW 150,000,000 (hereinafter “instant transfer contract”) between C and E on behalf of C and the Defendant, and provided that C and the Defendant shall fully return the transfer and takeover price to the Plaintiff, if the exclusive travel agent’s qualification is suspended or revoked due to the act of C and the Defendant following the contract’s special terms and conditions.

C. The Plaintiff paid 150,000,000 won to the Defendant by January 12, 2016.

However, on March 4, 2016, the Minister of Culture and Sports notified C of the “pre-notification of the revocation of designation following the evaluation of D Exclusive Tour Operator’s Renewal System” under the title of “pre-notification of the revocation of designation following the evaluation of D Exclusive Tour Operator’s Renewal System” in 2015, and “the instant disposition” to C on March 28, 2016 on the ground that C received less than 70 points, which are the standard renewal criteria as indicated below, on the ground that C received less than 70 points (the renewal criteria as indicated below):

A. The number of (10) high-ranking points (10 points) and 15 points (11 point 10 point 10 point 2, 25 point 3 point 15 point 3 point 15 point 3 point 47 point 47 point 5 point 47 point 47 point 10 point 10 point 10 point 10 point 10 point 10 point 10 point 10 point 10 point 2 point 15 point 3 point 15 point 10 point 3 point 10 point 4 point 5 point 5 point 67 point

(e) C.

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