logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.06.08 2017가합102443
기타(금전)
Text

1. The Defendant’s KRW 159,731,867 as well as the Plaintiff’s KRW 5% per annum from August 25, 2017 to April 11, 2018, and April 201.

Reasons

1. Basic facts

A. The Plaintiff is a trade union composed of workers of A limited partnership companies (hereinafter “A”) with the purpose of passenger transport services, etc. in the Boan City, and the Defendant became a general partner of A on June 9, 2015, and the Defendant transferred the Defendant’s share to C on December 9, 2016 and retired.

B. On February 8, 2017, A filed an application for commencing rehabilitation procedures, and the decision on commencing rehabilitation procedures was rendered on March 7, 2017.

Daejeon District Court 2017 Gohap5005, hereinafter referred to as the "Rehabilitation Case").

On May 16, 2017, A accepted a claim against the Plaintiff (cleaning service cost of KRW 36,00,000, food refund of KRW 44,509,500, union fee of KRW 12,428,210, union fee of KRW 202,27,50, daily allowance of KRW 75,54,400, and principal amount of each case) on May 16, 2017.

The transferor: A: Article 1 (Subject matter of Transfer/Do)

1. As of the date of the transfer of business prescribed in Article 2, the transferor shall transfer all business assets and business assets belonging to urban bus passenger transport services of the transferor, including business assets and business liabilities (the business assets and business liabilities shall be as defined in the following paragraphs of this Article, and the same shall apply hereinafter) to the transferee on the date of the transfer of business in accordance with the terms and conditions of this contract, and the transferee shall take over them

3. Business liabilities means all obligations (including public-interest claims) of the transferor as of the date of the transfer of business related to the business, such as purchase obligations, accounts payable, advance payments, unpaid expenses, etc. excluding the transferor's rehabilitation obligations (including rehabilitation security rights, rehabilitation claims and interests) and borrowed working capital (2 billion won) after the commencement of rehabilitation procedures;

The detailed description of the liabilities subject to this case's transfer of business is the same as the separate description No. 2, but it is all the liabilities on the date of the transfer of business except the liabilities excluded under this subsection.

Article 2 (Date of Transfer of Business)

1. The reference date for the transfer of the business under this contract shall be the date the rehabilitation court decides to authorize the rehabilitation plan of the transferor, with the contents sufficient for the implementation of this contract.

arrow