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(영문) 서울남부지방법원 2019.03.28 2017가단229929
기타(금전)
Text

1. As to KRW 156,00,000 among the Plaintiff and KRW 66,50,000 among them, the Defendant shall start on October 6, 2018, and the remainder of KRW 89,500.

Reasons

1. Presumed factual basis

A. The Plaintiff, along with C, operated the “F” in the Gangseo-gu Seoul Metropolitan Government D Building E.

The main revenue source of the above Switzerland has been linked to the Maternian and the Maternian photographs of the Maternians connected through the Maternal Child and the H Postnatal Care Center.

B. On September 29, 2016, the Plaintiff and C agreed to transfer the business to the Defendant (hereinafter “instant business transfer agreement”) as follows.

Article 2 (Contents of Transfer)

1. The contents to be handed over by the plaintiff and C are as follows:

a. Customer Management: Connection with Gsanbu and H P Postnatal Care Center;

b. treat all amounts by transparently notifying cumulative liabilities and general matters.

(b) c. Transfer (60 million won) of the deposit money and all other facilities of the building (all together of the office fixtures, such as Kameras and all facilities, clothing, computer, etc.);

d. Pre-existing employees' retirement pay and monthly pay (all payment of insurance), list of employees and written confirmation (pre-paid benefits and retirement benefits on October 1, 2016 are all responsible for the Plaintiff and C).

e. The Plaintiff’s debt amounting to KRW 30 million is responsible.

2. Details to be assumed by the Defendant are as follows:

a. After confirming all facts to the plaintiff and C, the defendant will accept them after specifying in this contract.

b. A total amount of KRW 120 million shall be paid to the representative of C Business and a down payment of KRW 10 million shall be paid, intermediate payment of KRW 90 million, and a balance of KRW 20 million shall be paid, respectively.

c. 3.5 million won per month shall be paid to the Plaintiff as management expenses in connection with Gsanbu and management expenses (in addition, 5% of the annual additional dues shall be paid to the Plaintiff). d. substitution of management expenses with Gsanbu and 90 million won shall be paid to the Plaintiff two years after the next two years.

(G) The management of 90 million won is attributed to the time when the Defendant pays 90 million won. e., the Plaintiff’s debt 30 million won is the Defendant’s acquisition of the Plaintiff’s debt and the Plaintiff’s building bond instead is owned by the Defendant.

Article 3 (Rights and Obligations)

1. The defendant is the customer of the plaintiff, G Busan and H Postnatal Care Center provided by C.

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