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(영문) 춘천지방법원 2019.02.14 2018가단3291
사업양도대금
Text

1. The Plaintiff:

A. The Defendants jointly and severally share KRW 110,000,000 and the Defendant Co., Ltd. from July 26, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that mainly aims at the F Center for the development of software and the supply of machinery, etc., such as strings, and is engaged in the manufacturing and wholesale business of Defendant B (hereinafter “Defendant B”), gold-type, machinery, and silver-type, and Defendant C is a person entrusted with the operation of the instant string and secondary materials business (hereinafter “instant string business”).

B. On April 26, 2017, the Plaintiff: (a) KRW 130 million in total; (b) KRW 40 million on May 25, 2017; and (c) the same year.

6.25. 40 million won, and the same year;

7. The transfer and takeover contract (hereinafter “instant contract”) sold to Defendant B on three occasions in installments in 25.25.5 million won (hereinafter “instant contract”).

The purpose of this Agreement is to transfer or take over to B (Defendant B) all rights and obligations with respect to the female hosting business (the title of the business in this case) operated by A (the title of the Plaintiff) as of the date of the acquisition of the business in Article 2 (Succession to Business). All transaction partners, such as A and lessee in transactions, etc. as of the date of the acquisition of the business in Article 2 (Succession to Business), shall take over and guarantee continuous transactions, guarantee continuous transactions, and settle all the related matters arising after the date of the contract under the responsibility of B as well as all the matters related to the female hosting business, which occurred after the date of the contract. In addition, in connection with the female hosting business, all tax invoices issued in relation to the business in this transfer or acquisition contract shall be subject to the responsibility of B. Article 6 (Transfer of Business and Asset, Date of Acquisition of Transfer and Acquisition).

1. The transfer date of the female hosting business shall be deemed effective from the contract date;

Provided, That the base date for the transfer or acquisition of all assets, including machinery in a factory, shall be the date the payment of balance is completed.

2. Sales related to the female hosting business, as well as those arising after the transfer of the business, which had been done before the time of transfer.

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