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(영문) 서울서부지방법원 2017.05.31 2016가합2468
추심금및부당이득금
Text

1. The defendant,

A. As to the Plaintiff (Appointed Party), KRW 99,024,880, and KRW 53,439,100 and each of the said money to the Appointed C.

Reasons

Facts of recognition

E Co., Ltd.’s Claim 1) The E (hereinafter “E”)

(2) On October 23, 2012, F Co., Ltd. entered into an asset acquisition agreement (hereinafter “instant asset acquisition agreement”) with the J as of November 30, 2012 and selling the assets (including facilities and goodwill) of the said recipient’s sales store at KRW 800,000,000, and the J received KRW 170,000 on October 24, 2012 from the J as of November 12, 2012.

3) In the instant asset acquisition agreement, E and J agreed that “The parties to this agreement are the parties to this agreement, but the corporation established or designated by the transferee under mutual agreement may accept this agreement. In this context, the obligation to pay the price shall be jointly and severally borne by the transferee and the transferee and the corporation established or designated by the transferee (Article 10) (Article 10).” (Article 10) J established Defendant (hereinafter “K”) on November 22, 2012, and the Defendant succeeded to the rights and obligations under the instant agreement by accepting the instant asset acquisition agreement and succeeding to B.

Plaintiff (Appointed Party) and Appointeds’ collection order 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”) are limited to Plaintiff (Appointed Party; hereinafter “Plaintiff”).

(2) The Seoul Central District Court issued an application for the seizure and collection order as to KRW 180,029,520, among the remainder claims arising from the asset acquisition agreement of this case against the Defendant under the Seoul Central District Court 2012TTT No. 40300, the Seoul Central District Court applied for the seizure and collection order as to KRW 180,029,520, among the remainder claims arising from the asset acquisition agreement of this case against the Defendant. On January 14, 2013, the above court issued the seizure and collection order as to the above claim, and the decision was served on the Defendant on January 17, 2013. 2) The appointed party filed an application for the seizure and collection order as to KRW 97,153,515, among the remainder claims arising from the asset acquisition and delivery order of this case against the Defendant under the Seoul Central District Court 2012T. The above court filed an application for

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