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(영문) 서울중앙지방법원 2016.06.01 2015가합552114
약정금
Text

1. Defendant B and Defendant C shall jointly and severally file with the Plaintiff KRW 423,131,459 and KRW 400,000 among them.

Reasons

1. Basic facts

A. Defendant D (hereinafter “Defendant Association”) is an incorporated association established for the purpose of improving the quality of life of the disabled persons by promoting improvement of social awareness, expansion of social participation, rights and interests, and self-reliance for the disabled persons.

Defendant B is the director of the E-factory of Defendant Association and the representative director of Defendant C (hereinafter “Defendant Company”).

B. On January 5, 2012, the Plaintiff entered into a contract with the Defendant Company for acquisition of business rights (hereinafter “instant acquisition agreement”) including the following with respect to the “FHA and the right to dispose of non-pharmaceuticals” and its facilities, and the Plaintiff paid KRW 420,000,000 to the Defendant Company in accordance with the said contract.

① The Defendant Company is the E Office registered with the Defendant Association, and the Defendant Company’s business rights are transferred to the Plaintiff.

2. The Plaintiff acquires the business rights and the permission and facilities of the Defendant Company in part of the conclusion of this Convention.

③ As to the following matters, the Defendant Company shall transfer to the Plaintiff:

- All the license for interim waste disposal business in the name of D - Facilities falling under the business plan submitted at the time of permission (a license for interim waste disposal business in the name of D) - Waste interim disposal business license (a business plan for alteration) - Waste (a waste disposal business license for a waste disposal business license): 20 square meters (2.5 meters ¡¿ 2.5 meters x 3.2 meters): Storage tank 1,000 square meters (2.5 meters x 3.2 meters): A factory: 585 square meters (19.5 meters x 10 meters x 3.5 meters) - interim disposal facilities: A mechanical disposal facility construction (3.4 meters x 2.9 meters x 2.9 meters x 9 meters x 2.9 meters ). (4) The defendant company shall lease other facilities, equipment and land not specified in paragraph (3) to the plaintiff without compensation for five years, and shall prepare a free lease contract, and

⑤ In return for both business rights and facilities, the Plaintiff shall pay 420,000,000 won ( 420,000,000) to the Defendant Company.

④ The Defendant Company: (a) by September 30, 2012 before the transfer of business rights and facilities to the Plaintiff, the transfer price of KRW 4.22 million is KRW 420,000,000.

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