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Reasons
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(영문) 광주지방법원 2016.11.04 2016가합53642
채무부존재확인
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1. As to the stores listed in the separate sheet, “PC bank facilities and rights between the Plaintiff and the Defendant, which were concluded on December 31, 2010.”

Reasons

1. Basic facts

A. On December 31, 2010, the Plaintiff entered into a transfer contract (hereinafter “instant contract”) with the Defendant for the following transfer and acquisition of the facilities and rights with respect to the stores listed in the separate sheet (hereinafter “PC bank”).

Contracts for Transfer or Acquisition of Facilities and Rights

1. Location (1) : Trade name of Gwangju Northern-gu C (1 floor): indication and amount of facilities to be transferred and taken over under paragraph (3) : It is as shown in the terms of the contract and the attached list;

2. Transfer of the right and acquisition of the right (1) The defendant shall transfer to the plaintiff total amount of KRW 90,000,000 of the PC facilities and rights.

(2) The Defendant removes all the matters impeding the exercise of the right of lease, and transfers all the facilities including all the facilities so that the assignee can conduct business from the contract date.

(3) On the basis of the actual date of delivery (as of December 23, 2010), the Defendant’s and the following day shall be borne by the Plaintiff on the basis of the attribution of the profits accruing from the said PC (the office fixtures and the business rights of the body of facilities) and the tax and public charges.

3. Methods for transfer proceeds and payment;

(a) The balance of the transfer proceeds of KRW 90,000 (1) in total: KRW 10,000,000 (2) in the intermediate payment of KRW 20,000: KRW 20,000 (3) in the remainder of KRW 60,000,000 shall be excluded; and

B. (1) The payment deadline for the transfer price must be paid by January 20, 201 by the Plaintiff to the Defendant after the completion of this contract.

(2) The intermediate payment shall be paid by February 10, 201 to the Defendant after the completion of the contract by the Plaintiff.

(3) The remainder shall be paid by the Plaintiff to the Defendant by March 10, 2011.

(A) The due date for the remainder payment was set as of March 10, 201, but if the Plaintiff’s circumstances arise that may arise, the Defendant extended the due date for the remainder payment until August 31, 2011 with respect to a part of the remainder (within KRW 20,000,000).

Provided, That part of the balance shall be 20,000.

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