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(영문) 전주지방법원 2016.07.01 2015가합1139
원상회복청구등
Text

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

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

Reasons

In fact, D Co., Ltd. (hereinafter referred to as “D”) concluded a contract for the establishment and operation of a branch office with F Co., Ltd. (hereinafter referred to as “F”) that operates Skin-type business, etc. with the brand called “E” on April 4, 2011, and operates F Jeonju and the Governor of the Jeollabuk-do regional headquarters (hereinafter referred to as “E Jeonbuk branch”).

Defendant B is the representative director of Defendant B, and Defendant C is the actual operator of Defendant B as the wife of Defendant B.

1. In selling and buying the shares of the acquiring party D’s legal entity and the shares of E’s branch offices, the substantial representative buyers of all shareholders are Defendant B and the substantial representative buyers of all shareholders are G;

2. Method of paying the acceptance amount and the amount received: Cash payment of KRW 240 million: KRW 130 million: - down payment of KRW 100 million shall be paid in January 29, 2014; KRW 50 million in an intermediate payment of KRW 50 million; and KRW 70 million in an outstanding payment of KRW 70 million in March 14, 2014; respectively.

(2) Debt acquisition: 10 million won - Head office logistics liability of 50 million won, branch office personal debt of 50 million won, branch office or individual debt of 50 million won, and branch office or alcohol debt of 10 million won shall be succeeded to G on the basis of the balance payment date.

3. All rights and obligations corresponding to the business rights of the North Korean branch offices in D, the acquisition of which are made, are transferred by Defendant B and G.

On March 14, 2014, the Plaintiff entered into a contract with Defendant C to take over the business rights of Defendant B’s shares and E former North Korea branch (hereinafter “instant underwriting contract”) in the name of the mother G, which is the name of Defendant C, and the main contents are as follows.

Defendant C guaranteed the performance of the instant underwriting contract on the same day.

From January 29, 2014 to July 15, 2014, the Plaintiff paid a total of KRW 125 million to D and Defendant C, and acquired an additional amount of KRW 110 million and KRW 5 million, which was agreed to acquire an obligation under the instant underwriting agreement, and paid all the acquisition price under the said underwriting agreement by accepting an additional amount of KRW 110 million and KRW 5 million.

【Ground for recognition” has no dispute;

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