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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
2. The Plaintiff
Reasons
1. Fact-finding;
A. On September 3, 2007, the F Co., Ltd. F (hereinafter “F”) and I’s “F (representative director Plaintiff)” entered into a contract for transfer of business rights with I to I (hereinafter “instant contract”). The key contents of the contract (Evidence A 3) are as follows.
1. The term "this project" means all the projects, including contracts, business licenses, and licenses, etc., conducted in connection with the projects implemented between the Jin-si and 20 parcels (hereinafter referred to as "the project in this case").
(Article 2(1). The term “transfer corporation” means any corporation (hereinafter referred to as the “transfer corporation of this case”) in the F’s business territory excluding the design business territory.
(2) The F shall transfer to the I all the rights to the instant transfer corporation and the instant project (hereinafter referred to as “instant business rights”).
However, F’s design business territory shall be excluded from the scope of transfer (Article 3(1)). The transfer corporation of the instant case and the transfer or acquisition of the instant business territory shall succeed to F’s various obligations (land service cost, design service cost, model cargo design and construction cost, civil engineering cost, etc.) incurred from the instant business territory when the transfer or acquisition of the instant business territory is performed.
(Article 3(2). F is excluded from the transfer of the instant transfer corporation and the transfer of the instant business rights, as the office deposit, collection of money, design-related, and all other real estate owned by the transferor corporation of this case are excluded from the transfer of the instant transfer corporation and the instant transfer corporation, and thus F has the authority to dispose of
(3) The transfer amount of the instant transfer corporation and the instant transfer corporation shall be KRW 2.8 billion.
(Article 4.7 billion. Upon the conclusion of the contract, the intermediate payment of KRW 900 million shall be paid at the end of one month after the date of the contract, and the remainder of KRW 1.2 billion shall be paid after two months after the date of the contract execution.
section 5. (4) I is to F.