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(영문) 서울남부지방법원 2017.09.14 2016가합105436
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C’s subrogation 1) A is a person who has been engaged in the business of supplying lub oil, etc. under the trade name of “D (trade name after alteration: E; hereinafter “E”), and F is a person who has actually operated Do and retail companies, including lub oil, in the trade name of “G companies (representative: H), “I companies (representative: F),” and “J companies (representative: K). 2) C (E companies) and F (I) and H (G companies, with subsidization of KRW 521,385,259 out of the above subsidization funds by the time of the division of the subsidization funds, the F and H were to enter into a redemption agreement of KRW 250,000,000 among the above subsidization funds by not later than three (2) years, and then by not more than three (8) percent (00,000,000,0000 won, 80,0000,0000 won per annum, but less than eight (1) percent (275,05,05,05,000,00,0).

3) C) From September 29, 2006 to December 24, 2008, the Daesung Industrial Co., Ltd. (hereinafter “Masung Industry”) (hereinafter “Masung”) is a large industry company, such as F, over several occasions.

2) On July 31, 2008, 208, E’s commercial claims and obligations related to the business of selling lubial oil, and assets and liabilities transfer/acquisition agreement (hereinafter “instant transfer/acquisition agreement”) were concluded between C and the Plaintiff, the representative director of which he/she is the Plaintiff (the company established on March 10, 1973 for the purpose of selling lubial oil) on the part of the Plaintiff (the company established on March 10, 197).

2. As the Plaintiff was integrated into the Plaintiff on August 1, 2008 with E’s existing business partners, including F, H, and K on August 4, 2008, the Plaintiff provided information and cooperation on the payment method as follows.

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