logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.11.21 2018가합2379
매매대금
Text

1. All claims filed by Plaintiff A and Plaintiff (Counterclaim Defendant) B and the Defendant-Counterclaim Plaintiff’s counterclaim are dismissed.

2...

Reasons

A. A joint and several surety G (resident registration number, address, and address) Defendant C (resident registration number, address), Plaintiff B (resident registration number, address, and address) Plaintiff B (resident registration number, address) Plaintiff H (resident registration number, address), Defendant D (resident registration number, address), Defendant E (resident registration number, address) Defendant E (resident registration number, address), and transferee under the contract for transfer and takeover of business as above, will proceed without fail as agreed in transferring and taking over Nonparty Company as above.

The transferor confirms that the transferor does not have any obligation (such as payment obligation, mutual aid association, fourth insurance, unpaid national taxes and local taxes, defect repair liability, guaranteed liability, qualification certificate problem, benefits, etc.) of the company by July 31, 2016. If the transferor bears any obligation before the date of the transfer of business of the non-party company, which is additional revealed after the date of the above agreement, the transferor shall be liable.

[A] The assignee B shall not be liable for the previous obligation of A. (A.) (* the transferor shall settle the accounts by August 31, 2016) / [based on recognition] the fact that there is no dispute, entry of A’s evidence No. 1, and the purport of the whole pleadings.

3. Determination as to the cause of action

A. The summary of the cause of the claim of this case (hereinafter “the transfer proceeds of this case”) agreed to pay to the Plaintiffs KRW 45,258,523 by deducting the total debt amount of the non-party company 954,409,357 from the transfer proceeds of this case as indicated in the attached list as shown in the attached list. The Defendants paid KRW 2,00,000,000 for advertising expenses, 3,000,000 for public interest, and KRW 2,10,000 for loans for I minute, and KRW 7,100,000 on behalf of the Plaintiffs. Accordingly, the Plaintiffs paid the amount calculated by deducting the total debt amount from the transfer proceeds of this case from the non-party company according to the share ratio and the distribution ratio under the internal agreement between the Plaintiffs and the counter-party Defendant C, and returned the amount received in lieu as unjust enrichment.

arrow