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(영문) 수원지방법원 2016.12.08 2016가단514608
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 100,000,000.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

On April 1, 2014, D transferred to Defendant Company B (hereinafter “Defendant Company”) all the rights and obligations relating to the “FS Holdings” business in Suwon-gu E (hereinafter “FS”) around KRW 1.6 billion.

② Around March 13, 2015, the Defendants promised to pay the remaining transfer price of KRW 100 million to the Plaintiff, a proxy of D by December 30 of the same year.

③ Around November 2, 2015, D transferred the claim of KRW 100 million to the Plaintiff. Around that time, D notified the Defendant Company of the assignment of the claim with a fixed date.

[Grounds for Recognition] Facts without dispute, Gap 1 through 5 evidence, and the defendants are jointly and severally liable to pay 100 million won of the remaining transfer price to the plaintiff who is the assignee of the claim.

The summary of the Defendants’ assertion as to the Defendants’ assertion: ① At the time of the transfer of the Order Holdings, the Plaintiff, by deception, did not notify the Defendants of the number of towing cases for the preceding one year, by falsity, and not notifying the Defendants that four new securities brokerage corporations are in preparation for opening the business in the neighboring areas of the Order Holdings; thereby, acquired the money equivalent to KRW 80 million out of the transfer proceeds.

② The Plaintiff violated the duty of prohibition of competition by operating each of the “G” database in the name of another person.

Judgment

The evidence presented by the Defendants alone is insufficient to recognize the above assertion, and there is no other evidence to acknowledge it.

The above assertion by the Defendants cannot be accepted.

The plaintiff's claims against the defendants are accepted in all.

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