(영문) 인천지방법원 2016.11.15 2014가단75409

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(영문) 인천지방법원 2016.11.15 2014가단75409

청구이의

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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 Plaintiff and the Defendant (hereinafter “instant industrial company”) operated as a partnership business, and on June 2014, agreed that the Defendant was placed in the partnership business relationship and the Plaintiff independently operated the said industrial company.

B. As of June 25, 2014, the Plaintiff and the Defendant prepared a comprehensive transfer and takeover contract for the foregoing industrial company (hereinafter “instant contract”) and received certification as a notary public Nos. 1716, a copy, etc. of the said contract in June 27, 2014. The main contents of the said contract are as follows.

Article 1 (1) The acquisition value of assets and total liabilities, including accounts receivable and accounts payable as of June 25, 2014, by the method of comprehensive transfer and takeover as of June 25, 2014, shall be the amount of acquisition by transfer. The value of assets to be acquired from total assets shall be 320,000,000 won: The value of assets to be acquired from total assets:320,000 won: the liabilities related to the industrial company of this case, other than the Defendant’s personal debts, shall be borne by the Plaintiff. The premium shall be paid by August 16, 2014 (hereinafter referred to as KRW 50,00,000, KRW 50,000, KRW 16,800, KRW 16,000, KRW 40,000,0000). The Plaintiff and the Defendant entrusted the notarial deed with the execution of the notarial deed as of June 27, 2014 (hereinafter referred to as “No notarial deed”).

was drawn up.

Article 1 The Defendant, on June 25, 2014, lent KRW 100,000,000 to the Plaintiff, and the Plaintiff borrowed this.

Article 2: 50,00,000 won shall be paid on July 31, 2014, and 50,000 won shall be paid on August 16, 2014.

When a plaintiff who has lost profits under Article 6 falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of time for the obligations of the above borrowed money, even if there is no other notification or peremptory notice

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