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(영문) 서울고등법원 2015.05.07 2014나2019859
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

On December 9, 2009, Samcheon Savings Bank Co., Ltd. (hereinafter referred to as “E”), on December 9, 2010, transferred the status of KRW 950 million to E Co., Ltd. (hereinafter referred to as “E”) on December 9, 2010, interest rate of KRW 11.5% per annum (the delayed damages shall be 21.5% per annum at the time of delinquency of less than three months for each period of arrears, 22.5% per annum at the time of delinquency of not less than three months but less than six months, and 23.5% per annum at the time of delinquency of not less than six months (hereinafter referred to as “instant loan”); on March 16, 201, the status of the loan bond or loan contract as set forth above to Korea Financial Savings Bank (hereinafter referred to as “Korea Bank”).

1) On November 19, 2010, the Plaintiff entered into a business transfer contract with the Codefendant B, Codefendant B, and C to acquire all business, including building and site E, fixtures, and various facilities, at 12.7 billion won (hereinafter “instant contract”).

2) On November 19, 2010, the Agreement on Business Takeover Co., Ltd. (hereinafter referred to as the "Transferee") G Co., Ltd. (hereinafter referred to as the "Assignee") Co., Ltd. (hereinafter referred to as the "Co., Ltd.") (hereinafter referred to as the "Co., Ltd."), Co., Ltd. (hereinafter referred to as the "Co., Ltd.") (hereinafter referred to as the "Co., Ltd."), individually, and collectively collectively, the parties to this Agreement.

(1) Article 1 (Limit of Business Transfer) ① As provided in this Agreement, the transferor shall transfer the business to the transferee, and the transferee shall take over the business from the transferor. To this end, the transferor shall transfer the ownership and any other rights to the transferee under Section 2 of this Article on the date of the closing of transaction (as defined in Section 3) and shall transfer the obligation to the transferee under Section 3 of this Article, and the transferee shall take over and take over the obligation from the transferor. (3) The obligation to be transferred under this contract (hereinafter referred to as the "transfer obligation") shall be limited to the allowance for severance benefits to the person described in Appendix 3-1.

The allowance for severance benefits of this case shall thereafter be made by the parties.

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