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(영문) 서울동부지방법원 2018.03.15 2016가합106740
부당이득금 반환 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. F Co., Ltd., the party status of the F (hereinafter “F”) is a corporation engaged in the slaughter of cattle and pigs, meat processing, manufacturing, etc., G is the representative director of F, and the Plaintiffs are the loan creditors against F.

B. On August 16, 2012, Plaintiff A loaned 2% of the interest rate of 500 million won to F, and the due date of repayment on January 15, 2013. Plaintiff B determined and lent 300 million won interest rate of 2% on October 7, 2014 and the due date of repayment on December 7, 2014.

C. On June 11, 2015, F entered into a contract between F and H to transfer all business rights, such as the land and buildings indicated in the separate sheet used by H as slaughterhouses (hereinafter “instant real estate”), machinery and apparatus, corporeal movables, and authorization and permission for slaughter business, etc., to be transferred to H at KRW 13.475 million in price (hereinafter “instant acquisition agreement”).

Article 1 (Purpose of Contract) of the Agreement on Acquisition of Real Estate, Cinematographic Movables, etc. shall transfer the instant real estate, machinery, equipment, vehicles, and corporeal movables to H, and succeed to the kinds of authorization and permission, public waters, or the right to use State-owned land held by F in order to operate a slaughter business, and H shall pay the price for such transfer.

Article 3 (Price for Acquisition by Transfer) The consideration for "subject matter of acquisition" provided for in this Agreement shall be 13.47 billion won (including value-added tax), but the details thereof shall be as follows:

Land price: 3.5 billion won

(b) Costs of buildings: 2.5 billion won;

(c) Machines and instruments: 200 million won;

(d) Vehicles and corporeal movables: 1.5 billion won;

(e) All kinds of goodwill, including all kinds of licenses and permits: Article 4 (Timing and Amount of Payment).

(a) Contract deposit: He/she shall pay the F one billion won after preparing the main contract and receiving the registration of ownership transfer to a registry;

(b) Balance: 479,115,529 won;

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