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(영문) 서울북부지방법원 2017.11.09 2017가합302
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 380,00,000 and the interest rate of KRW 15% per annum from January 20, 2017 to the date of full payment.

Reasons

1. The purpose of this contract is to transfer to the defendant (hereinafter referred to as "assignor") the decision on the cause of the claim to the plaintiff (hereinafter referred to as "assignor") and to provide for necessary matters concerning the acquisition by the transferee of the transaction plan and all business from the transferor.

Article 5(1) The transferor and the transferee agree that the price for the transfer of the object (affirmative assets and small assets) prescribed in each paragraph of Article 2 shall be deemed to be a clerical error of KRW 380,000,000,000,000,000 in the amount of KRW 380,000. However, the time and method of payment of the transfer price shall be prescribed in Article 6. (2) The transferee shall suspend the transferor from paying the above amount for three years, and accordingly, shall pay the transferor 12% interest per annum on a monthly basis.

3) When the transferee acquires and proceed with the business, 6% of the profit shall be settled annually and paid to the transferor. (Time and Method of Payment of Transfer Price) The payment of interest under Article 6 (Time and Method of Payment of Transfer Price) 1: The transferee shall pay to the transferor the amount set forth in Article 5(2) every three years in lieu of the transfer price.

2) Distribution of profits: The transferee shall pay the amount prescribed in Article 5(3) every three years to the transferor in order to satisfy the conditions of deferment of transfer price. In full view of the evidence Nos. 1 through 3 (including each number), and the purport of the whole pleadings, the Plaintiff, the representative director of the KCAC, entered into a contract for transfer or acquisition of the same business (a corporation) as the Defendant (hereinafter “instant contract”) with the Defendant on December 1, 201, and thereafter, the Defendant was actually operating the KCAC as of the date of closing argument of this case, and the fact that three years have elapsed since the grace period for payment of transfer price under Article 5(2) of the instant contract as of the date of closing argument of this case.

According to these facts, the defendant is worth KRW 380 million according to the contract of this case to the plaintiff.

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