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(영문) 수원지방법원 안산지원 2018.09.06 2017가단50327
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Trade name of a company subject to basic fact-finding: The purchase price for F Gho-gu in Ansan-si and the payment method: September 12, 2016 on the date of payment of down payment of KRW 200,000,000: October 31, 2016 on the date of payment of down payment of KRW 15,000,000: The remainder of KRW 85,000,000 on November 30, 2016: 10,000 on the date of payment of down payment of KRW 85,00;

1. Acceptance by a purchaser of fixed assets;

2. Lease costs of fixed assets shall be succeeded by a purchaser (pn-vut: H).

3. The ownership of fixed assets is owned by underwriters upon the completion of any balance.

4. The ownership of fixed assets before the remainder is completed is the seller’s ownership.

Other matters

2. A corporate bank loan interest of KRW 970,000 shall be paid to “B” from the following day of the date of the contract as of the last day of every six months.

Article 5 (Methods of Payment) (1) of the General Conditions for Enterprise Acceptance Contract (Methods of Payment) shall be paid to A on September 12, 2016.

(2) “B” shall be determined as the end of August 2016 on the date of a sales contract and shall not thereafter cause damage to “A” due to a tax dispute, down payment and intermediate payment pursuant to this contract.

If this is found, “B” shall be liable for civil and criminal liability, such as compensation for damages and restitution to its original state.

1. “B” shall pay the balance to “A” on the designated date.

The payment date of the balance shall be the fixed asset acquisition date. If the balance is not paid, the contract shall be deemed terminated due to a cause attributable to "B", and the down payment and the intermediate payment shall not be refunded.

A. On August 31, 2016, the Plaintiff entered into a business transfer and takeover contract (hereinafter “instant contract”) with Defendant B with the following terms, and Defendant C jointly and severally guaranteed the Defendant B’s obligation under the instant contract.

B. On September 1, 2016, pursuant to the instant contract, the Plaintiff transferred to Defendant B the business property including the employees, vehicles, and business partners of “E” (Provided, That the Plaintiff’s machinery and equipment is reserved until the remainder is paid), and “not more than the above business establishment”.

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