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(영문) 서울고등법원 2015.09.03 2015나2006454
손해배상(기)
Text

1. Of the judgment of the first instance court, KRW 220,00,000 against the Plaintiff regarding the Defendant and its related thereto, from November 6, 2014 to September 3, 2015.

Reasons

1. Basic facts

A. On August 22, 2013, the Plaintiff and the Plaintiff entered into a contract with the Defendant to purchase T/E 11 unit (hereinafter “instant unit”) for the trucking transport business as indicated in the separate sheet from the Defendant (hereinafter “instant contract”). The instant unit amounting to KRW 220 million per unit (hereinafter “C”). The instant unit amounting to KRW 11 was appropriated for the Defendant’s trucking transport business permission right of C (hereinafter “C”) operated by the Defendant, and the instant unit amounting to KRW 11,00,000 per unit (hereinafter “C”). As such, the instant unit amounting to KRW 20,000,000,000 per unit was drafted by the method of acquiring C, which is a corporate entity of the Plaintiff.

B. (1) The Cheongju District Court 201Kahap7380 filed a lawsuit against C to the effect that the Cheongju District Court 201Gahap7380 entered into an exchange contract with C, and that C’s right to permit trucking transport business and W vehicle should be changed in the name of dry Integrated Transport. However, the above court dismissed the claim for dry Integrated Transport on October 10, 2012 for the reason that it is impossible to exchange the right to permit trucking transport business held by C in the form of transfer and acquisition of the right to permit the trucking transport business held by C, and the appellate court [Seoul High Court 2012Na2669] also dismissed the appeal on June 11, 2013.

(2) Accordingly, the Supreme Court appealed to the Supreme Court Decision 2013Da52233 on May 16, 2014. The Supreme Court reversed the judgment of the court below on the grounds that the performance of C’s obligation under the exchange contract cannot be deemed impossible, and accordingly, the judgment of the court below became final and conclusive on September 16, 2014 in the reversed and remanded trial (Seoul High Court Decision 2014Na964) (Seoul High Court Decision 2014Na964) on September 16, 2014 that the C’s right to permit truck transport business and W-type vehicles shall

(hereinafter referred to as “related litigation”). (3) The comprehensive transport service was conducted with the above final judgment as executive title around October 2014.

grounds for recognition.

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