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(영문) 창원지방법원 2015.08.20 2014가합36207
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relevant Defendant used the trade name “former C Co., Ltd.” for maritime transport business, etc. (hereinafter “former C Co., Ltd.”) and changed the trade name as of June 11, 2013 to “B,” and the Plaintiff is a transferee of the purchase price claim against the Defendant of D Co., Ltd. (hereinafter “D”), as examined below.

B. A sales contract between the Defendant and D 1) The Defendant is a vessel listed in attached Table 1 from D on October 13, 2010 (hereinafter “instant vessel”).

2) Each business title listed in [Attachment 2 and 3] and each business title listed in [Attachment 2 and 3 (hereinafter “instant case 1, 2”)

2) The following terms and conditions are as follows: (a) the sales contract of this case shall be entered into:

Article 1. The sales price for the acquisition of business rights under the terms of payment and the amount of KRW 500,000,000 shall be calculated by adding the liabilities indicated in the ship registry of this case to the existing claims held by the Defendant and E, and the Defendant shall pay D the following amounts: (a) The contract amount of KRW 300,000,000 shall be paid at the same time as the contract is entered into, and the contract amount of KRW 130,000,000, out of the remainder within one month after the payment of the contract deposit shall be paid at the same time, and each payment of KRW 70,000,000,000

(2) On November 4, 2010, Article 2: (a) the transfer of ownership on the instant vessel was agreed to be transferred to the Defendant by November 15, 2010; and (b) D actively cooperates with all necessary matters for the transfer of ownership on the instant vessel.

3. The Defendant: (a) based on each of the instant contracts for transfer and acquisition of the instant business rights, filed a report on the modification of the coastal passenger transport business plan; and (b) on January 28, 201, the head of Mapo-gu Regional Maritime Affairs and Port Office, a competent authority, issued a license

C. The Plaintiff entered into a contract for the transfer of the purchase price claim between the Plaintiff and D pursuant to the instant contract with D on December 5, 2014.

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