(영문) 광주지방법원 2020.05.27 2019가단527628

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(영문) 광주지방법원 2020.05.27 2019가단527628

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 6, 2017, the Plaintiff borrowed KRW 200,000,000 from the Defendant as of September 30, 2017.

On the same day, the Plaintiff entered into a contract for the transfer and takeover of solar business (hereinafter “instant transfer and takeover contract”) with the corporation and the Defendant, the representative director C as the representative director of which is the Plaintiff, as follows:

The plaintiff shall enter into the following contracts with respect to the transfer and takeover of all rights and obligations with respect to solar power plants owned by the non-party company to the defendant.

Article 1 2. The Plaintiff’s power plant site address of the non-party company, which is the non-party company of the non-party company of the non-party company of the non-party company of the non-party company of the non-party company of the non-party company of the non-party company of the non-party company of the non-party company of the Docheon-gun, H-31,630 square meters

- Purchase unit price: land 13,500 won/p., first trees 6,500 won/p. - All rights and duties of solar power plants - Development authorization authorization and permission and civil petition processing shall be completed at the expense of the plaintiff and the non-party company.

- Rights and obligations of the owner of the power plant, such as stock acquisition, change of representative director, etc.

1. Transferred objects;

2. The subject matter is a security contract for the loan borrowed by the Plaintiff to the Defendant (200,000,000). After the Plaintiff pays the full amount of the loan to the Defendant, the Defendant transfers to the Plaintiff or the non-party company all the rights and obligations for 2MW 1 out of the transferred matter under Article 1(1).

Article 2. The base date for the transfer or acquisition of the transferred object is from the date when the full amount of the loan under Article 1(2) was deposited into the plaintiff after the contract is concluded, and the plaintiff and the non-party company on the date of deposit shall transfer all the rights and obligations of the transferred object to the defendant or the third party

Article 3 (Value of Transfer and Receipt)

유사 판례

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-대구지방법원 2016.01.15 2014가합2666

-서울중앙지방법원 2020.11.25 2019가합551171

-광주지방법원 순천지원 2021.04.01 2019가합11921

-광주지방법원 순천지원 2013.02.14 2012고정458