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(영문) 서울남부지방법원 2015.09.25 2014가합6900
인수채무금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 300,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 25, 2014 to September 25, 2015.

Reasons

1. Determination on the main claim

A. The following facts are either not disputed between the Plaintiff and the Defendant, or can be acknowledged by comprehensively taking into account the respective descriptions and arguments in subparagraphs A and 5: (a) the judgment on the cause of the claim in KRW 300,000; (b) the purport of the entire arguments and entries in subparagraphs A through 5:

On April 6, 2012, the Plaintiff entered into a partnership agreement (hereinafter “instant partnership agreement”) with F that operates the “D” (which changed to “E” after the trade name of the said trading service; hereinafter in this context, regardless of whether it was before or after the change of the trade name, would have been distributed profits arising from the operation of the instant trading service instead of paying KRW 300,000,000,000. At that time, the Plaintiff paid F an investment amount of KRW 300,000,000.

At the time of concluding the instant partnership agreement, the Plaintiff and F agreed that the instant partnership agreement may be terminated under the agreement upon occurrence of managerial problems, and the Defendant shall return the amount of investment to the Plaintiff in cash without delay when the contract is terminated or terminated.

F was planned to transfer all of the instant crowdfunding business to a third party around December 2012, and the Plaintiff and F agreed on the instant agreement for the liquidation of partnership business relations.

B. On February 4, 2013, F entered into a contract with the Defendant to transfer the entire business (all business equipment and fixtures, vehicles, goodwill and other business rights, the right to lease the store, the right to lease the interior, and the right to lease the interior) of the instant database. The obligation to return the investment to the Plaintiff of F arising upon the termination of the agreement on the instant business agreement was also determined by the Defendant.

F On February 8, 2013, the Plaintiff sent to the Plaintiff a content-certified mail containing the content that “all of the instant franchise (including a debt amount of KRW 300 million)” was transferred to the Defendant, and the said content-certified mail is around that time.

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