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Reasons
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(영문) 부산지방법원 2018.10.24 2017가합50412
유체동산인도
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who was operating C Co., Ltd. (hereinafter “C”) and owned 75% of C’s shares.

B. On November 28, 2016, the Plaintiff entered into a contract for the transfer of a general cargo transport business (hereinafter “instant transfer contract”) with the Defendant as follows.

The transferor of a contract for transfer and acquisition of a general cargo transportation business: The defendant

1. The details to be transferred. ① General cargo transport business or freight forwarding business. ② The capital of 10,000 won per 10,000 shares.

2. Transfer amount of capital: 100,000 won (payment after confirming the balance of corporate bankbooks): 7,000,000 won: 10,000 won license: 38,000,000 won license: 38,000,000 won in quantity premium: 3,000,000 won in each month (1,00,000,000 won in each month, and 7,000,000,000 won in office): 5,00,000 office fixtures in each year: Automobiles including licenses (the terms of maintaining the lease contract period until April 201): ES30HEK on November 16, 2015; 6,000,000 won in each lease vehicle and 6,000,000 won in each year; and

3. The remainder payment of down payment of KRW 159,00,000 on November 28, 2016 (the total payment of KRW 159,00,000): The remainder payment of KRW 50,000,000 on January 30, 2017: 59,000,000 on February 59, 2017;

4. Terms and conditions of a contract (1) Payment of the outstanding amount for each vehicle shall be 60% (2) a corporation shall deduct the outstanding amount of liability from the remainder of the amount of liability among the details of seizure or payment by vehicle (local taxes, national taxes, public imposts, fines, and all other deposits).

4. Matters not specified in this Agreement shall correspond to ordinary practices.

⑤ The Plaintiff pays to the Defendant the amount double of the contract amount at the time of the termination of the contract, and the Defendant’s contract deposit becomes null and void at the time of the termination of the contract, and this contract is automatically cancelled.

A special term: D. E.N. shall be adequate for the Plaintiff on the condition that the borrower should not register the trust.

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