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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiff B (hereinafter “Plaintiff B”) is a company with the purpose of wholesale and retail business, and operated the instant marina (hereinafter “instant marina”) with the trade name “B” on the first floor of the building on the ground, such as Annju City, D, and the Plaintiff A is the representative director of Plaintiff B.
The defendant is a creditor who has a claim against the plaintiff B, such as the price for goods of KRW 80 million.
B. Around November 2014, Plaintiff B had a total of KRW 3 billion debt owed to the Defendant, etc., but could not be repaid due to financial circumstances.
Plaintiff
B In order to enable the Defendant to directly operate the instant marina and collect the Plaintiff’s claim against the Plaintiff, on November 18, 2014, the Defendant entered into a business transfer and takeover contract as described below (hereinafter “instant transfer contract”) with the content of transferring all of the instant marina business rights, etc. to the Defendant. The Defendant agreed to re-transfer the Plaintiff’s business rights, etc. to the Plaintiff B once the Defendant collects the entire claim against the Plaintiff’s claim against the Plaintiff with the profits accrued from the operation of the instant marina.
Article 1 [Purpose of Contract] "A (Plaintiff B)" shall transfer to "B (Defendant) all the following goodwill and facilities, and all the goods in accordance with the provisions of this Agreement, and "B" shall be acquired:
(1) The scope and objects of transfer or acquisition under this Agreement shall be as follows:
(1) Goods existing in a store, business house-to-door and fixtures (2) The phone number E phone number. (3) The building structures, such as building structures listed in Article 1, and vehicles. (4) The lease right of the store / [transfer and takeover price] (1) The transfer price under this contract shall be two billion won in total.
(2)