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Reasons
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(영문) 수원지방법원 성남지원 2018.02.13 2017가합401082
손해배상(기)
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1. The Defendant: (a) KRW 70,004,284 for the Plaintiff and its related expenses from August 31, 2015 to 2018

2. 5% per annum until 13.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at non-destructive testing and related business. The Defendant concluded an agency contract with the Plaintiff on May 1, 2012, and was employed as the Plaintiff’s employee on May 1, 2014.

B. On May 1, 2012, the Defendant entered into an agency contract with the Plaintiff to perform non-destructive testing under the Plaintiff’s name and to obtain the remainder from the Plaintiff by paying a certain percentage of fees out of sales. From April 2014, the Defendant performed non-destructive testing under the said agency contract. On April 29, 2014, the Defendant entered into the following business transfer agreement (hereinafter “instant business transfer agreement”) with the effect that all business, including all inspection equipment owned by the Defendant, the Defendant’s employees, etc., transfer KRW 385,00,000 to the Plaintiff.

Accordingly, the Defendant’s business office became the “Seoul-gu Branch Office” of the Plaintiff, and the Defendant concluded a labor contract with the Plaintiff on May 1, 2014 to receive wages of KRW 42.4 billion per month between the Plaintiff and the Plaintiff (hereinafter “instant labor contract”).

The Defendant and the Plaintiff concluded the following sales contract between the parties.

Article 1

1. Assets: 317,000,000 won;

2. Debt: 385,000,000 won;

3. The number of persons: The defendant and 13 others;

4. Business rights: A reserve bank, D, E, F, G, and other enterprises;

5. Date of direct conversion: On May 1, 2014, the sale price under Article 2 is KRW 317 million in assets and KRW 68 million in assets with goodwill, and the payment method is 385 million in total, and the payment method is made as follows:

1. The purchase price of KRW 110 million shall be paid in cash until May 30, 2014;

2. The purchase price of KRW 27 billion shall be paid in installments by December 31, 2016 by the bank until the full payment is made in full. The amount of KRW 1,954,528 shall be borne by the Defendant.

(Provided, That the bank shall change every month in accordance with the amount of redemption)

3. Operating assets in the purchase price;

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