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Reasons
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(영문) 수원지방법원 2012.08.31 2011가합13268
양수금
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the representative director of Defendant C Co., Ltd. (former Trade Name: E Co., Ltd.; hereinafter “Defendant Co., Ltd.”) and the Plaintiff Ba.

B. Since August 191, 191, the Plaintiff established and operated a private business chain E in the name of Nonparty G in the name of Nonparty G. On January 17, 1996, the Plaintiff purchased from Nonparty H the land listed in paragraph (1) of the attached Table (hereinafter “instant land”) and completed the registration of ownership transfer in the name of Nonparty D on February 5, 1996, and constructed a building listed in paragraph (2) of the attached Table (hereinafter “instant building”).

C. Defendant B completed the registration of incorporation of the Defendant Company on September 12, 1996.

On October 30, 1996, the Plaintiff prepared a plan for business transfer and takeover as follows with Defendant B in the name of G.

Section 1:This Agreement takes over the management and obligations of the transfer of the business of the Company A (E and Representative G) in respect of which “A” is divided by “B (E and Defendant B)”.

Article 2:A shall comprehensively transfer to B the total amount of assets and liabilities of the company as of October 31, 1996.

Article 3:B “B” shall pay to G the balance of KRW 202,674,520,00,000,000,000,000,000,000 won, which is 313,273,764 won in total amount of assets as specified in the list of property in attached Table, by December 31, 1996.

Section 4:This Agreement shall have all the rights and obligations in respect of the Project in accordance with the computation of “B” from November 1, 1996.

E. The Plaintiff, under the name of the Defendant Company, completed the registration of ownership transfer as to the instant land under the name of the Suwon District Court (Seoul District Court), No. 5972, Oct. 29, 1996, and the registration of ownership transfer as to the instant building, as No. 779, Nov. 14, 1997, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, Eul evidence Nos. 3, 4, and 11 (including each number), the purport of the whole pleadings

2. Claim against the Defendant B

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