logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2019.04.03 2018나13095
추심금
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The parties’ relationship 1) H Co., Ltd. (hereinafter “H”)

Corporation D (hereinafter referred to as “D”)

(D) is a controlled company of the Republic of Korea, and D is a “F consortium” of the golf course located in Dong-gu, Nam-gu, Seoul (hereinafter referred to as the “instant golf course”).

2) H’s representative director S (standing 15, 2015) is the managing director of D, and H and D’s audit is the spouse of the Defendant.

H Stockholders areO, N, and P.

3) The Plaintiffs are members of the instant golf course. B. On July 31, 2013, AO purchased KRW 619,620,000 for D’s 52 cart and other movables owned in the corporeal movables auction procedure. On August 23, 2013, the Defendant donated KRW 80 million from P, and purchased KRW 52 cart and other movables owned in KRW 80 million from AO on August 23, 2013.

2) Between D around August 2013, the Defendant: (a) entered into a contract for the transfer of goodwill (hereinafter “instant contract for the transfer of goodwill”) with the content that the instant golf course is transferred from D the goodwill for the use of the cart and the COS equipment of the instant golf course; (b)

A) According to the instant business transfer agreement, the term of the contract shall be ten years, but shall be automatically renewed on a five-year basis if the contract is not terminated within three months from the expiry date, and the Defendant agreed to pay D 30% of the sales amount of the total car fee paid by the golf course users in return for running the cart business. On the other hand, the Defendant and D (the Defendant leased D 52 cart and C cart equipment, etc. to D, and D shall, in return, pay D the full amount of the cart usage fee (including additional tax) to the Defendant, and D shall pay D 13 out of the total amount of the 65 cart (including 20% of the total sales) every six months. The term of the contract shall be ten years, but it shall be automatically renewed on a five-year basis, if the contract is not terminated within three months from the expiration date of the contract.” D. 2013.

arrow