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(영문) 인천지방법원 2019.04.30 2018가합57901
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a legal entity that manufactures and sells furnitures.

The E Co., Ltd. (hereinafter referred to as the “E”) is a corporation engaged in the business of manufacturing bedclothes, such as bending, and F is a personal business operated by G, the representative director of E.

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff A”) is a corporation that takes over F’s obligations to the Defendant, while Plaintiff B is the representative director of Plaintiff A.

B. On June 30, 2015, the Defendant and E paid the purchase price for the equipment necessary for beer production to E, and the above equipment installed at the business site of E, and the ownership of the equipment is owned by the Defendant, and the Defendant concluded an investment in plant and exclusive sales contract with the exclusive right to sell all the products produced by E from July 1, 2015 to December 31, 2020.2) Since 2016, from July 2016, E supplied the products to the Defendant, and the Defendant supplied the products to F and traded the products to the customer.

C. E’s rehabilitation application 1) On September 8, 2017, E filed an application for rehabilitation with the Incheon District Court as 2017 Gohap42, and around that time, G was also seeking to discontinue the rehabilitation procedure for E. 2) thereafter, the rehabilitation procedure for E was commenced and completed August 17, 2018.

Plaintiff

On October 19, 2017, Plaintiff B established Plaintiff A and appointed its representative director. 2) On October 25, 2017, Plaintiff B entered into a contract for business transfer and takeover with the purport that Plaintiff A will comprehensively take over the obligation owed by F to the Defendant (as of October 25, 2017, KRW 359,286,484 (as of October 25, 2017) and the obligation receivables that Plaintiff A will take over the obligation owed by F (as of this case), and Plaintiff A’s business of F, and Plaintiff B signed the contract as joint and several sureties.

3) On November 17, 2017, Plaintiff A entered into a contract with the Defendant to repay debts of this case. The main contents of the said contract to repay debts are as follows. Article 1 (Basic Principles)

2. The plaintiff A.

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