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(영문) 서울중앙지방법원 2018.10.24 2017가합588124
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the wholesale and retail business of chemical medicine, and Defendant B (hereinafter “Defendant Company”) is a company that runs the wholesale and retail business of chemical medicine and the warehouse business of chemical medicine.

Defendant C is the representative director of the Defendant Company.

B. On December 30, 2016, the Plaintiff entered into a contract with the Defendant Company and the Defendant Company to take over the right to sell assets related to the wholesale and retail business of chemical drugs and sales to a specific business trader (hereinafter “instant contract”). Defendant C jointly and severally guaranteed the Defendant Company’s contractual obligation under the instant contract.

The main contents of the instant contract are as follows.

(hereinafter referred to as “transferor” refers to “Defendant Company”, and “transferee” refers to “Plaintiffs” respectively. The instant contract [Attachment 1] omits a separate list of assets, and [Attachment 2] list of sales places is as shown in the attached Form). Article 1 [Subject matter and scope of the transferred object]

1. While the transferor uses both the terms “transaction” or “sales office” and “sales office” under the instant contract, the transferor shall be integrated into “sales office” and integrated into “sales office,” as it is both identical in its meaning.

(hereinafter referred to as "subject sales place") shall be transferred to the transferee.

2. The specific list of the assets subject to paragraph 1 is as listed in [Attachment 1] List of Assets, and the specific list of the subject selling places is as listed in [Attachment 2] List of Places.]

Article 2 [Evaluation and Determination of Transfer Price] The value of "property subject to transfer" in the proceeds (hereinafter referred to as "transfer proceeds") of the object subject to transfer under Article 1 (hereinafter referred to as "transfer proceeds") shall be KRW 372,390,000, which is the amount specified in the "List of Assets subject to Transfer" (value 1] less the amount equivalent to the depreciation costs from the initial acquisition value of each container tank until December 31, 2016) and the value of succession to "sale subject to transfer" shall be assessed as KRW 127,610,000, respectively, and shall be assessed as the sum of the above two.

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