beta
Text
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. (1) The Plaintiff at the time of December 13, 2013, with the account in the name of E, which was the representative of the Defendants, as of December 13, 2013 (hereinafter “first payment”).
2) On December 27, 2013, the Plaintiff paid 31,568,930 won to the Hanyang Saemaul Bank on the debt that Defendant C assumed to each of the following creditors; KRW 10 million to the Korea Technology Credit Guarantee Fund on January 7, 2014; KRW 1,349,50 to the Korea Technology Credit Guarantee Fund on March 5, 2014; KRW 252,00 (patent annual registration fees); and KRW 1,50,000 (patent annual registration fees) to the Korean Intellectual Property Office on January 16, 2015; and KRW 44,670,480 (hereinafter “second payment”).
B. On July 11, 2014, the Plaintiff prepared the following agreements with D with respect to the acquisition of assets of F Corporation and Defendant C Co., Ltd. (Evidence A; hereinafter “instant agreement”). As to the date of the foregoing preparation, the sign of the instant agreement was July 11, 2014, and the main text of the instant agreement was written as of January 20, 2014.
Article 1 [Purpose of Contract] The purpose of this Agreement is to provide for matters necessary for the construction work of the Defendants and the Plaintiff as the goods manufactured by the Plaintiff.
Article 2 [Terms and Conditions of Contracts] (1) In entering into a contract with the Defendants, product production and construction works may not transfer the business rights to another party, conclude double contracts, transfer dual contracts, etc., and the Plaintiff shall exclusively produce and execute responsibilities.
(2) In principle, the price of the Plaintiff’s production and construction works shall be decided in cash.
(3) The net income shall be the Defendants: %, and the Plaintiff: %, and it shall be notarized separately by Defendant C without marking it.
④ Defendant C’s assets are sold to the Plaintiff at the current market price.
⑤ Defendant C Co., Ltd. shall be responsible and arranged for personnel expenses, claims, and debts until now by the previous representative.
(6) The time limit and amount of this business license shall be limited, and 50 million won as down payment to mutual trust in the F business shall be cash.