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(영문) 서울중앙지방법원 2012.04.13 2010가합90758
약정금
Text

1. The Defendant’s KRW 5 billion and its amount from September 17, 2010 to April 13, 2012 to the Plaintiff is 5% per annum.

Reasons

1. Basic facts

A. On May 4, 2009, the Plaintiff concluded a contract for the acquisition of assets, liabilities, and takeover of business (hereinafter “instant contract”) with the previous Seoul Feed Co., Ltd. (hereinafter “Seoul Feed”) on the following terms: (a) on February 8, 2011, the Plaintiff entered into a contract for assets, liabilities, and takeover of business (hereinafter “instant contract”).

The Plaintiff and Seoul Feed agree that the Seoul Feed will take over the Plaintiff’s business rights (excluding those related to the Seoul House, Seoul District, Mine, Mine Dronin, and Imported Land-related Assets, Liabilities and Computer System; hereinafter “business acquisition-related assets, liabilities, and computer system”) including the Plaintiff’s mid-term factories (the location: the Seongbuk-gu Sung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si), and their related assets, liabilities, trademark rights, business partners, etc. (hereinafter “business acquisition-related assets”).

Article 2 (Scope of Transfer)

1. Assets and rights included in the “subject matter of business transfer” include all assets and rights, excluding those, the transfer of which is impossible or the receipt of which is decided not to be made by the Seoul Feed;

Provided, That compliance programs necessary for the operation of a computer system used for normal business and business activities (ERP) shall be included in the transferred assets.

2. Among the liabilities and obligations included in the “subject matter of business transfer” and obligations, all liabilities and obligations except that, as the legal transfer of which is impossible and the Seoul Feed does not intend to not accept it.

3. The detailed assets and ancillarys to be taken over in the course of this transfer of business in accordance with the criteria of paragraphs (1) and (2) above shall be determined by the separate annexed agreements after the inspection under this contract.

Article 3 Transfer Method of Assets and Liabilities

1. The amount of acquisition of assets and liabilities subject to business takeover shall be the amount set forth in Article 5, and the plaintiff shall also transfer or succeed to the Seoul Feed to the Seoul Feed as well as the assets subject to business takeover as prescribed in Article 2.

(b) it;

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