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(영문) 광주지방법원 2015.09.24 2014가합51871
손해배상(기)
Text

1. The Defendants jointly share KRW 310,356,307 with the Plaintiff and the period from December 21, 2013 to September 24, 2015.

Reasons

1. Basic facts

A. The Plaintiff, as the representative of D Company, acquired all rights and obligations relating to D’s business from Defendant B, who was a limited liability company, and on the other hand, limited liability companies D changed its trade name to E on January 8, 2013.

(hereinafter referred to as “D” in total, including Limited Liability D and Limited Liability Company E.

이 사건 사업 양도ㆍ양수 계약 ◎ 사업 양도ㆍ양수 계약서 “갑”이 운영하고 있는 전남 신안군 G 소재(이하 “회사”라 한다)의 사업에 관한 일체의 권리와 의무를 “을”이 포괄적으로 양도ㆍ양수 함에 대하여 다음과 같이 계약을 체결한다.

Article 3 [Appraisal of Transfer/Acquisition Assets and Liabilities] (Appraisal of Property and Liabilities) Proceeds from Sale of D shall be KRW 350,000,000.

The total amount of the business assets and liabilities to be the basis for the amount of transfer and acquisition shall be as follows:

(1) The total amount of business assets shall, notwithstanding the book value, be the sum of the basic capital (141,183,020 won) and (F-establishment projects 80,174,997 won, 710,680 won incidental to the HH site 710,680 won, 391,180 won, 515,350 won, 15,350 won, 249,282,00 won, for the K Senior 39,282,097 won, for the purpose of making soup.

(2) The total amount of liabilities to be deducted from the total amount of assets for business purposes shall be 421,208,558 won (the unpaid amount shall be 48,845,878 won) as of December 27, 2012 (the amount shall be KRW 421,208,58,558,558,588,588,588 won, O, 13,024,024,780 won for works for work for the construction of new N Welfare Facilities for typhoon Damage Restoration (the amount shall be KRW 8,700, 883,700 for works for works for recovery from typhoon damage and typhoon damage).

Article 4 [Payment Method of Transfer or Acquisition Amount] (1) The price of transfer or acquisition calculated by the method prescribed in Article 3 shall be KRW 178,073,539.

(Sales Price 350,00,000 won 249,282,097 - The name of the transferor (A) : The name of the company: A representative of the B transferee (B) : The plaintiff on December 27, 2012.

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