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(영문) 인천지방법원 2014.09.30 2013가합14466
영업양수인책임청구
Text

1. The Defendants: (a) KRW 184,00,000 for each Plaintiff and KRW 6% per annum from September 28, 2013 to September 30, 2014.

Reasons

1. Facts of recognition;

A. On April 23, 2010, the Plaintiff agreed with D, which had engaged in non-pharmaceutical product manufacturing and selling business under the trade name “E”, that “D products (15 items, such as insects, handbags, handbags, handbags, handbags, spags, spags, spags, spags and egs, etc.; hereinafter “the agreed products” in this case, shall be supplied to Nonghyup North Korea distribution by the end of July 2010, and the price received from Nonghyup North Korea distribution shall be paid to the Plaintiff.” First of all, the Plaintiff agreed that D would be granted KRW 190,000,000,000 to D, but D would have received the above 200,000,000 if the products were supplied from F, and would have received the above 20,000,000,000,000 won.”

3) On April 23, 2010, the Plaintiff delivered D KRW 190,00,000 to D pursuant to the above agreement. D and F have the face value on the same day, KRW 613,10,000,000, and when the payee delays the payment of the said promissorysory note after a promissory note was issued by the Plaintiff, the Plaintiff shall draw up a notarial deed to the effect that, even if being subject to compulsory execution, there is no objection (No. 154, 2010, and hereinafter “notarial deed of this case”).

4) Around April 2010, D supplied products to the Plaintiff, and received payment, but did not notify the Plaintiff of the fact. A around May 24, 2010, did not prevent the Plaintiff from having defaulted.

The Plaintiff was aware of the bankruptcy on June 2, 2010, and was paid KRW 6,000,000, which is a part of the product price supplied to the distribution of the Nonghyup.

After that, the plaintiff and D will make an agreement around June 7, 2010 with the following contents.

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