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(영문) 수원지방법원 안양지원 2021.03.02 2019가단115301
부당이득금
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

(b) the facts of the basis;

A. The Plaintiff and the Defendant are companies that engage in the business of manufacturing electronic devices, electronic parts, etc.

The acquisition of all mobile phone business units related to E between the transferee of the mobile phone business and the transferee of the mobile phone D (hereinafter referred to as "A") in the representative of the Dispute Resolution Co., Ltd. (hereinafter referred to as "A") and the transferee C (hereinafter referred to as "B") shall also proceed as follows:

Section 1 (Purpose) The purpose of this Agreement is to acquire human resources, physical assets, and rights and obligations related to E among the businesses operated by A, which are related to E.

Article 2 (Transfer Assets) B shall take over business rights to all of the E-F mobile phone business units, such as facility assets and lease deposits of Party A of the G 3rd floor in Ansan-si as of November 30, 2017, and E's credit sales proceeds.

Provided, however, excluded from private materials and other supply equipment provided in E: **** E’s asset selection); assets; and the balance as of November 30 of debts (as stated in attached Form 1; hereinafter the same shall apply); Article 4 (Transfer Price and Payment Date); ① Business acquisition price shall be 270,000 won.

(2) The payment date of business takeover price shall be determined as follows:

(1) The first down payment: The second balance of KRW 30 million from September 28, 2017: By November 30, 2017, 200 million shall be paid by issuing an invoice of KRW 6 million each month with the operating fee of KRW 240 million from December 30, 2017 to April 30, 2018.

Article 5 (Guarantee of Transactions) (1) All transaction partners in transactions with A as of the date of business transfer shall ensure that B is able to continue transactions by accepting B.

(2) A shall provide support for E business, business transfer, etc. for one year after acquiring the business of B.

(3) Where a contract is terminated due to the closure of business with E within one year after the acquisition of business without negligence of B, A shall return part of the acquisition price to B.

Article 6 (Refund of Transaction Amount) The transaction amount is 270 million won from the beginning date of the contract to the time of the return of the transaction amount.

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