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(영문) 춘천지방법원원주지원 2020.07.10 2019가단52760
양도 대금 청구 등
Text

1. As to KRW 44,319,49 and KRW 4,249,755 among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) shall have the effect on March 26, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 26, 2018, the Plaintiff entered into a contract with the Defendant on December 26, 2018, under which the Plaintiff, who operated “D” in Gangwon-do, and the Defendant sold materials, such as wood, at the same address, and entered into a contract with the Defendant to transfer the business by selling the said materials and cars located therein. The main contents are as follows.

Article 1 of the Business Transfer and Acquisition Contract / [Purpose] The purpose of this contract is to acquire all rights and all obligations concerning the business of the company A (the plaintiff) operated by the Party A (the defendant) as the basic date for the transfer date of Article 4.

Article 2 [Succession to Business] A shall comprehensively transfer to B the whole business entity (as of December 16, 2018) in consideration of the balance obtained by subtracting total liabilities from total assets for business on the current account books.

Article 3 [Evaluation Amount] B shall be evaluated and decided by transfer assets on the total amount of materials verified by means of the grasping materials by December 25, 2018 with Gap until December 25, 2018.

(Recognizing the contents of the inventory inspection). Article 4 (Date of Transfer) of the date on which A transfers the whole business to B shall be December 26, 2018 (Special Agreement) and Article 7 of the former Special Agreement shall be prescribed as follows, in addition to the general agreement mentioned above, and if there is a conflict between the general agreement and the special agreement, the special agreement shall be applied in preference to the special agreement.

1. Even after the date of transfer, Eul permits Gap to make a warehouse in E and continue to use it (standard 3m5m).3.00 .0 .0 .0 .. 3.00 .. 3.00 ..) The personal goods of Gap which are not included in the list of inventory inspections and materials, and materials and goods kept by customers, shall be kept one until they are brought about;

4. Total amount (130,684,191 won) calculated at a unit price from the total quantity of inventory research details of materials (130,684,191 won).

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