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(영문) 서울남부지방법원 2014.05.15 2013가합4914
건물인도
Text

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

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

Reasons

1. Basic facts

A. From February 2012, F: (a) leased part of the Gangseo-gu Seoul G G buildings from Empline Co., Ltd. from H, and operated the Smarket (hereinafter “Smarket”) with the trade name of H “H” at this place.

On October 24, 2012, F established the Plaintiff, which is a company engaged in wholesale and retail business and distribution business of agricultural, fishery, livestock, industrial, liquor, clothing, miscellaneous goods, household goods, etc., and transferred the instant Schlage business to the Plaintiff.

On the other hand, F is currently the plaintiff's internal director and representative.

B. On November 27, 2012, the Plaintiff entered into a contract on the transfer of the instant business with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) for the purpose of marina business, wholesale and retail business of agricultural and livestock products (hereinafter “Defendant Co., Ltd.”). The details thereof are as follows.

1) The Plaintiff transferred the instant Schlage business to the Defendant Company. 2) instead of transferring the Plaintiff’s claim on the return of KRW 100,000,000,000, which the Plaintiff owned to the Defendant Company with respect to the instant Schlage, to the Defendant Company, the Defendant Company assumes the Plaintiff’s obligation to return KRW 100,000,000,000 to the Plaintiff, which was sold to the Defendant Company.

3) The Defendant Company shall pay the Plaintiff the down payment of KRW 150,00,000 to the Plaintiff with the Si facilities and premium in this case, and shall determine the remainder amount of KRW 50,00,000 as KRW 100,000. Of the down payment, KRW 30,000,000 as of November 27, 2012, and the remainder of KRW 20,000 as of December 9, 2012, respectively, and the remainder shall be paid as of December 12, 2012, and the balance shall be paid as the credit card sales accrued in the Schlage from December 12, 2012 to December 30, 200.

Defendant.

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