(영문) 대전지방법원 천안지원 2021.01.26 2020가단110249

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(영문) 대전지방법원 천안지원 2021.01.26 2020가단110249

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs franchise food business, etc. with the trade name A.

B. On June 30, 2015, the Plaintiff entered into a contract with the Plaintiff to transfer all assets, liabilities, and business rights related to the Plaintiff’s business, to KRW 500,000,00 (hereinafter “instant contract”). The Plaintiff also promises to enter into a contract with a corporation D (hereinafter “A”) for which the Defendant (resident number: E) is to be a representative director, and the Plaintiff (hereinafter “B”) to perform the acquisition in good faith, as follows.

Article 3 (Subject Matters of Water Supply)

1.Pursuant to the terms and conditions of this Agreement, Eul shall transfer to Gap the type, intangible (including trademark rights, domain names, etc.) for the implementation of the Project.

2.A shall assume obligations to carry out the Project in accordance with the terms and conditions of this Agreement.

The scope of obligations shall include the obligations of Eul's workplace and the obligations of corporations, such as the F Bank loans.

except that, prior to the date of this contract, the liabilities or expenses incurred without direct relations with the Korean A business shall be liable.

3.B Other co-operations as much as possible in order to transfer contracts, etc. necessary to carry out the Project A and to maintain a contract relationship.

Article 5 (Payment Method of Transfer Price)

1. A shall deposit KRW 150,000,000 (150,000), not later than June 30, 2015, into the account designated by B.

2. A shall deposit an intermediate payment of KRW 100,000 (100,000) into the account designated by B not later than July 3, 2015.

3. A shall deposit the remainder of August 30, 2015 in B’s designated account: A0 million won (250,000,000).

Article 7 (Statement and Guarantee) A and B shall, as of the date of the conclusion of the contract, guarantee and maintain by the date of the execution of the contract the following:

(i) A and B were duly established under the laws and regulations of the Republic of Korea, and continue to exist in force.

유사 판례

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