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Reasons
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(영문) 광주지방법원 2016.08.12 2015가합52437
손해배상(기)
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1. The Defendant’s KRW 200,000,000 as well as 6% per annum from March 20, 2015 to August 12, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On November 7, 2014, the Plaintiff entered into a contract with the Defendant under which C (hereinafter “C”) would transfer and acquire the trucking transport business permit and the truck number (T/O) 20 (hereinafter “instant number plate”) of the Defendant Company C (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 1 [Subject Matter of Transfer] Objects A transferred to B by A shall be as follows:

1) All trucking transport business licenses owned by Gap are 2) the normal number of trucking transport business (T/O) owned by Gap (T/O) 3) the bonds and debt status under Article 2 [1]T/O transfer and takeover price] 1)/O transfer and takeover price is KRW 400,000.

ii)Article 3 400,000 (T/00,000,000 won, 400,000 won, 400,000 won, 1) of the total sales amount is to pay 100,000,000 won to A at the time of concluding the contract, and Gap transfers the documents of Article 4 to B at the time of receiving the down payment.

2) The intermediate payment Board shall pay the balance (cash) 300,000,000 won by November 30, 2014.

[Violation of Contract]

1. (Omission)

2. Where the terms and conditions of a cargo transport business license, which is owned by a corporation A, are inconsistent with that of a contract, i.e., deterioration of a cargo transport business license and illegal increase;

3. (Omission) In the event of a violation of each provision of this contract between A and B, the damages shall be promptly made twice the down payment when Party A breaches the contract, and the down payment shall be waived when Party B breaches the contract; and

Provided, That where it is not immediately available to B due to the breach of contract between A and B, the compensation for damage shall be deducted from the balance under mutual agreement between A and B.

Article 7 (Matters to be Confirmed)

3. All all the all the all the claims and obligations arising prior to the date of the contract shall be against A and the balance of the contract shall be completed as of the date of the contract.

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