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(영문) 부산지방법원 2016.01.14 2014가단252623
손해배상(기)
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. Basic facts

A. On July 2012, the Plaintiff acquired the right related to the operation of the gas station E (hereinafter “instant gas station”) located in D, and entered into a lease agreement with F (owner) of the said gas station building and facilities, and operated the said gas station in a quantity of three months thereafter.

B. On October 31, 2012, the Plaintiff entered into a business transfer and takeover agreement with Defendant B to acquire all the Plaintiff’s rights and obligations relating to the gas station E (hereinafter “instant business transfer agreement”). The main contents of the said agreement are as follows.

Article 1(Purpose) This Agreement is aimed at transferring the business pursuant to Article 6(6) of the Value-Added Tax Act by comprehensively taking over all rights and duties to the business at the workplace operated by A (Plaintiffs).

Article 2 (Succession to Business) All transaction partners in transaction A as of the date of business transfer or acquisition shall take over and guarantee continuous transactions by B, and shall take over and dispose of goods, services, etc. provided by A after the date of business transfer or acquisition under the responsibility of B.

Article 3 (Transfer and Acquisition Assets, Liabilities, and Record Date) (The Record Date) shall be October 31, 2012, and the total amount of assets and total amount of liabilities on the books of account A as of the same date shall be acquired.

(All liabilities of A shall be the responsibility of A). The value of transfer or acquisition under Article 4 (Transfer or Acquisition Value) shall be the balance obtained by subtracting the total liabilities from the total amount of assets under Article 3, and shall be determined by mutual agreement between A and B.

C. Meanwhile, on February 15, 2013, Hyundai Lao Bank (State) filed a lawsuit seeking compensation against F (State) and the Plaintiff on the ground of a violation of the Port Agreement with the Busan District Court 2013Gahap3128, and the said court rendered a ruling of recommending reconciliation that F (State) pays KRW 10,000,000 as damages to Hyundai Lao Bank (State).

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