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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On June 30, 2006, the Plaintiff, a company engaged in food waste treatment business, signed a contract with the Defendant to transfer the Plaintiff’s food waste reduction business to the Defendant (hereinafter “instant contract”), and was entrusted with the Defendant with the above reduction business.
B. The main contents of the instant contract are as follows.
Article 1 (Purpose of Contract)
1. A (Plaintiff) shall transfer to B food waste reduction business rights of Jung-gu, Jung-gu, Daejeon Metropolitan City, as well as related assets and employees;
3. Details of acquisition of vehicles and employees in a business right to reduce food waste: 1) 5t tensions 22,000,000 (Separate Acceptance) 2.5t food collecting 10,000,000 won (Separate Acceptance) 2.5t food collecting 10,000,000 won (3) 55,431,150 won (the details of receipt);
1. The total amount of premium shall be 87,431,150 won in total, and premium shall be non-existent;
2. At least 17,244,350 won which has not been recovered in September, Gap and Eul shall be discussed later.
Article 3 (Credit Maintenance Obligations)
3.B shall bear all the related taxes, such as corporate tax and income tax, arising in connection with the reduction project.
Article 7 (Settlement of Settlement Expenses)
3. The unpaid settlement of accounts in December shall be 13,098,650 won in installments for six months from May 20 to six months.
C. Since March 31, 2007, the Plaintiff and the Defendant agreed additionally regarding the instant contract (hereinafter “instant agreement”), and the main contents are as follows.
2.In accordance with the agreement on the acquisition by transfer of reduction, a sum of KRW 17,244,350,000,000,000 and KRW 6,444,350,000,000,000,000 for D vehicle purchase under paragraph (1), and 5.8,000,000,000,000,000,000,000,00
3. Various taxes, such as corporate tax, additional tax, additional tax, and additional tax, arising from a return filed in the name of B, such as tax data, etc. for taxation due to the issuance of tax invoices and transactions in reduction and exemption transactions, shall be borne by B;