(영문) 서울중앙지방법원 2016.04.21 2014가합596278

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(영문) 서울중앙지방법원 2016.04.21 2014가합596278

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On September 17, 2014, the Plaintiff entered into a contract under which the Defendant succeeds to the entire business rights and assets for business use in KRW 17,510,00,000 (hereinafter “instant contract”).

Some of the terms of the instant contract are as follows.

(1) As of the date of the conclusion of this Agreement and the date of the termination of transactions, the seller shall make and guarantee the statement to the buyer as follows:

3. The purchase price under Article 2 of this Agreement is the amount calculated in a true manner in accordance with the method of assessment as stated in Appendix 2.

(3) The seller and the buyer agree to transfer all of the assets to be transferred, except as otherwise provided in this contract, except as otherwise provided in each subparagraph of paragraphs (1) and (2), to the buyer, except as otherwise provided in this contract, the seller and the buyer agree to transfer from the seller all the assets to the seller except as otherwise provided in the Section 1 and (2).

Article 5 (1) Conditions Precedent to the Termination of Transactions (1) The occurrence of a buyer’s obligation to terminate transactions is subject to the prior conditions that the buyer satisfies all of the following requirements, or that the buyer waives or relieves them in advance:

1. The seller’s statements and guarantees under this Agreement shall be true and correct as of the date of this Agreement and the date of the termination of transactions, each Party shall be liable to compensate for damages suffered by the other Party due to its statements, guarantees or commitments as provided for in this Agreement, or breach of obligations.

Provided, That the duration of each party's liability for damages due to the closing date of transactions or the previous statement, guarantee or undertaking, or any other breach of obligations shall be until December 31, 2014.

Added 2 Sales Price

2. The method of evaluating items of the method of distributing sales proceeds between goodwill and goods, etc. is attached to a tax return submitted by the business owner to the National Tax Service in relation to the “B” business establishment.

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