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(영문) 인천지방법원부천지원 2016.01.20 2015가합101893 (1)
영업신고 등 명의변경절차이행
Text

1. The defendant shall implement the procedure for changing the name of each report listed in the separate sheet to the plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Indication of claim;

A. On June 17, 2014, the Plaintiff entered into a contract on the acquisition or transfer of assets (hereinafter “instant contract”) with the Defendant by transferring laundry facilities and laundry facilities owned by the Plaintiff in the course of operating laundry business with D in the name of the business establishment located outside and outside the city of Kimpo-si and two parcels of land, to the Defendant at KRW 320,000,000 (excluding value-added tax) and the contractual status with the relevant business entity, etc., of which the Defendant takes over, the Plaintiff received the down payment of KRW 20,000,000 on the date of the contract, and the remainder of KRW 300,000,000 was paid on August 31, 2014 as well as on the remainder payment date of the factory site purchased by the Defendant from the Korea Industrial Development Corporation.

B. According to the instant contract, the Plaintiff changed the name of each report on the installation of wastewater discharge facilities as stated in Paragraph 2 of the attached Table, as well as the report on the laundry business as stated in Paragraph 1 of the attached Table, which the Plaintiff possessed by the Defendant.

C. The Defendant did not pay the remainder of KRW 300,000 to the Plaintiff by August 31, 2014, which is the remaining payment date. On September 1, 2014, the Plaintiff sent to the Defendant a content-certified mail stating the Defendant’s declaration of intent to cancel the instant contract on the grounds of the payment of the remainder, and the content-certified mail sent to the Defendant on September 2, 2014.

Therefore, as the instant contract was lawfully rescinded on September 2, 2014 on the grounds of the Defendant’s nonperformance of contract, the Defendant is obligated to implement the procedure to change the name of each report in the name of the Plaintiff to the original state following the rescission of the instant contract.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);

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