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(영문) 서울중앙지방법원 2016.12.16 2016가단5157521
환매대금
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 29, 2015, 14 companies, including the Defendants (hereinafter “Defendant, etc.”) concluded an asset acquisition agreement with the Plaintiff (hereinafter “instant acquisition agreement”) and sold the outstanding balance of debentures at around September 30, 2015, at KRW 216,931,40,466, as of September 30, 2015, the date of the determination of assets to KRW 2,321,165,960.

(hereinafter “instant acquisition agreement”). (b)

The main contents of the acquisition agreement of this case are as follows.

Except as expressly provided in this Agreement, a seller does not assume any obligation or liability with respect to the assignment and transfer of the obligation (Article 2(1)(3)) of this Agreement, unless the seller does not exclude any obligation under this Agreement from the transaction from the transaction date of this Agreement, regardless of whether the default of obligation is cured prior to the transaction date, regardless of whether or not such default of obligation is cured, from the date following the date of the settlement of the obligation, the seller shall comply with all the terms and conditions of this Agreement, including the purchase of all claims belonging to the property subject to sale without adjustment of the purchase price, and the seller shall not bear any obligation in relation thereto (Article 2(4) of this Agreement) except as otherwise provided in this Agreement, the seller shall make and guarantee the following statements to the buyer, carry out this Agreement, and has the authority and ability to complete this transaction:

The seller has fulfilled its obligations under this Agreement and has taken all steps necessary to complete this Agreement and to complete this Agreement and any other documents drawn up and delivered by the seller in respect of this Agreement.

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