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(영문) 인천지방법원부천지원 2017.06.14 2017가단100767
물품대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 105,900,000 and the Defendants A with respect thereto from December 2, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells main equipment, etc.; Defendant A is a person who transfers restaurant business to Defendant B with the trade name of “D” in Seongbuk-gu, Sungnam-si; Defendant B is a person who acquires the business of the above “D”.

B. On June 1, 2015, the Plaintiff entered into a contract for the establishment of a main agency with Defendant A, setting the amount of KRW 170,500,000, and the period from June 1, 2015 to July 30, 2015, and completed the establishment of the main agency within the said contract period.

C. Until December 1, 2015, the Plaintiff received 64,600,000 won from Defendant A out of the amount of goods under the above contract, but did not receive the remainder of 105,90,000 won.

On May 12, 2016, Defendant B entered into a contract to take over the business of the aforementioned “D” (hereinafter “instant transfer/acquisition agreement”) with Defendant A, and agreed to assume the Plaintiff’s obligation to pay the price for the said goods according to a special agreement. The main contents are as follows.

Article 1 “A” (referring to Defendant A; hereinafter the same shall apply) of the Commercial Building Transfer and Receipt Contract between May 20, 2015 and January 25, 2016, means the amount of KRW 387,608,290 in the total amount of money and cash transfer from May 20, 2015 to January 25, 2016 to the amount of KRW 387,608,290 in the amount of the lease deposit, bank and house collection, and interior expenses of “A”, and the commercial building is paid in lieu of the amount of money and KRW 387,608,290 in the amount of cash transfer. The “B” shall accept

(1) "A" shall transfer to "B" the goodwill, all facilities and equipment, and the lease contract for commercial buildings for D commercial buildings.

Special Drugs

1. “A” shall recognize the amount invested by “B” from May 20, 2015 to January 25, 2016, the total amount of 387,608,290 won and the total amount of cash transfer from May 20, 2015 to January 25, 2016.

2. “B” is liable for the unpaid rent, management fee, main facility cost, and interior cost (as approximately KRW 200,000), and confirms the amount and facts of the unpaid Party.

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