logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.09.16 2020가단5340
대여금
Text

The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed an application for payment order against C, as the Incheon District Court 2019 tea5402, seeking payment of the purchase price of goods, such as dysing and sampling, against C.

On October 28, 2019, the above court ordered the Plaintiff to pay KRW 3,223,00 and 12% interest per annum from the day following the service date of the original copy of the instant payment order to the day of complete payment. The above payment order was served to C on October 31, 2019 and became final and conclusive as of November 15, 2019.

[The transfer and acquisition contract of this case] The corporation C and the defendant conclude the transfer and acquisition contract for the registration of factory in Seo-gu Incheon Metropolitan City D as follows.

Article 1 The purpose of this Agreement is to take over all rights and obligations relating to the registration of factory of a company operated by C by C.

Article 2 The date of transferring all of the factory registration and equipment to the defendant by Article C shall be November 18, 2019.

In addition to the provisions of this Agreement, if an agreement on the transfer or acquisition of a business takes place in addition to the provisions of this Agreement, such agreement shall enter into force under the agreement between C and the defendant, unless it violates the provisions of this Agreement.

B. On November 18, 2019, the Defendant decided to acquire all matters regarding factory registration and equipment from C, and entered into a transfer contract with C as follows (hereinafter “instant transfer contract”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant acquired all rights, obligations, and assets of C through the transfer contract of this case. The plaintiff acquired all developed items and existing products of C, and the plaintiff was ordered to pay for the unpaid products after producing and delivering the developed samples of C, so the plaintiff was ordered to pay the unpaid products.

arrow