logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.17 2016가합546680
양도대금 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 11, 201, the Plaintiff, a stock company, the purpose of which is new and renewable energy development projects and civil engineering and construction projects, has obtained a collective energy project license from the Minister of Knowledge Economy pursuant to Article 9 of the Integrated Energy Supply Act, in order to carry out a project to build heat co-generation facilities with 150 tons of biomass boiler, etc. (hereinafter “the instant project”).

B. On October 24, 2012, the Plaintiff agreed to jointly implement the instant project with the Hancheon Construction Co., Ltd. (hereinafter “Kancheon Construction”), the Korea Western Development Co., Ltd. (hereinafter “Korea Western Development”), and entered into an agreement for the joint development of biomass in the Spo Zone (hereinafter “Agreement for the Joint Development”) (hereinafter “instant Joint Development Agreement”).

C. On January 29, 2014, the Plaintiff concluded a contract with the KF Investment Securities Co., Ltd. (hereinafter “KF Investment Securities”) for consultation on the sale of business rights related to the instant business and sought to transfer the instant business.

In response, large-scale Forest Energy Co., Ltd. (hereinafter “large-scale Forest Energy”) intended to take over the instant business. The large-scale Forest Energy first concluded a contract on the business transfer of the instant business with the Plaintiff and large-scale Forest Energy to establish a separate company and succeed to the status of large-scale forest energy. On October 6, 2014, the Plaintiff entered into a contract on the business transfer between the Plaintiff and the Plaintiff to take over the instant business (hereinafter “instant prior contract”). The specific content of the instant prior contract was included below in the instant contract.

The Grand Energy is also a contract for the acquisition of the instant project in the absence of participation in the instant project, with the termination of the instant joint development agreement to the Plaintiff prior to the conclusion of the instant joint development agreement.

arrow