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Reasons
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(영문) 대구지방법원경주지원 2014.12.02 2014가단1433
위약금 등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant operated the manufacturer of motor vehicle parts with the trade name “A” in the racing-si.

[The evidence Nos. 1-2 and 7-4 of the evidence Nos. 1-2 and 7-4 are as follows. The actual representative of A is D who is the defendant's spouse, and the seller is also indicated as D in the machinery facility contract (Evidence No. 1-2). However, the plaintiff filed the lawsuit of this case with the defendant as a party to the business transfer contract to A, and the defendant does not dispute this. Thus, the plaintiff is deemed as a party to the business transfer contract claiming by the plaintiff.]

On October 25, 2013, the Plaintiff and the Defendant concluded a contract with the Plaintiff on the lease deposit (hereinafter “instant contract”) to sell to the Plaintiff KRW 450,000,000,00 for the production facilities, gold-repair equipment and technical rights of KRW 450,000 for the production facilities, etc. from November 1, 2013 to October 31, 2015. At that time, the Plaintiff and the Defendant paid the Plaintiff KRW 35,00,000 for the lease deposit and the down payment for the sales of production facilities, etc.

C. On November 1, 2013, the Plaintiff received delivery of the above factory building, production facilities, etc. from the Defendant, and continued to run the business A from that time.

However, on November 25, 2013, Co., Ltd., Ltd., which traded with A (hereinafter “SP”), recovered the form of gold offered to A free of charge, and A has manufactured the automobile parts by using the gold type provided by the Nonparty Company.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-2, Eul evidence 1-1, Eul evidence 1-2, Eul evidence 7-7, the fact inquiry results about D. S. Si, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The gold punishment that the non-party company alleged by the plaintiff without compensation provided to A may not produce products unless it is possible.

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