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(영문) 서울북부지방법원 2015.08.13 2015가합22834
청구이의
Text

1. Of the instant lawsuit, the Defendant’s notary public against the Plaintiff was a law firm, No. 1873, 201.

Reasons

1. Basic facts

A. The Defendant entered into a liquor supply contract between the Defendant and B on October 9, 2009 with a liquor supplier B, which entered into a liquor supply contract between the Plaintiff and B, by the end of the contract period on October 9, 2014. The amount of KRW 120,000,000 as a monthly reimbursement period and the repayment period from January 31, 2010 to December 31, 2015 were determined and lent to B as subsidies.

B. Transfer agreements between the Plaintiff, B, and D

1. The instant age club is registered under the name of B, and D is a real manager, and the Plaintiff is the maximum creditor of the instant age club.

2. The Plaintiff’s claim against B, etc. over KRW 30 million and the facility funds, etc. up to the opening of the club at KRW 500,800,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000

3. B, etc. shall, upon the request of the Plaintiff, immediately report the closure of business to the competent tax office.

4. The present arrangement provides for a set-off against the Plaintiff’s claim on the deposit and facility of the current age club, and confirms that it was not an intention of business takeover. The debt and the debt incurred by B, etc. due to the business entity during the business period, shall be divided into B, etc., and the Plaintiff shall not be liable for it.

On February 25, 2011, the Plaintiff entered into an agreement with CBA (hereinafter “instant club”) on the following terms (hereinafter “instant agreement”) with B and D (hereinafter “B, etc.”)

C. The Plaintiff’s documentation No. 1) around March 14, 2011, the Plaintiff’s employee E, and the Plaintiff’s statement as shown in the attached Form No. 5-1, a joint and several obligation performance note (Evidence No. 5-2), and a written agreement (Evidence No. 5-3, a written agreement (Evidence No. 5-1).

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