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1. C, the party taking over the lawsuit of Defendant B, is KRW 81,989,00,000, to the extent of the property inherited from the deceased B.
Reasons
1. Basic facts
A. From October 16, 2012, the Deceased, who entered into a business takeover agreement between the Plaintiff and the Deceased, was engaged in the photographing service business (hereinafter “E”). On August 31, 2016, the Plaintiff agreed to take over the instant business from the Deceased, and entered into a contract on the acquisition of the instant business (hereinafter “instant transfer agreement”) with the Deceased with the following content.
The Plaintiff and the Deceased enter into a contract for transfer and takeover of business (E) with respect to the business of E as follows:
1. On August 31, 2016, the Deceased transferred all rights and authority of E, all facilities, equipment, office fixtures, fixtures, etc. to the Plaintiff in the present state, as they are, and shall prepare a detailed list and provide it to the Plaintiff.
2. The Deceased shall provide the Plaintiff with all necessary cooperation for business succession and business performance, and all business partners currently engaged in transactions by the Deceased shall guarantee that the Deceased will accept the Plaintiff and continue to engage in transactions. In the event the products manufactured and sold by the Deceased are returned and defective after the date of business transfer, the Deceased shall be liable to the Plaintiff.
3. The Deceased shall continue to perform his/her duties in good faith for three months after the transfer of his/her business for the Plaintiff’s business.
(Provided, That this does not apply to mutual agreement, and in the case of violation, this contract shall be null and void). 4. The Plaintiff shall pay 170 million won (including rental deposit amount of KRW 50 million) to the Deceased by August 31, 2016, subject to the acquisition by transfer of all businesses of the Deceased.
B. On January 27, 2018, the deceased’s property was inherited to C and F, his/her spouse, as the deceased died on January 27, 2018, while filing the instant lawsuit seeking damages against the deceased. However, F is the Busan Family Court.