beta
(영문) 서울중앙지방법원 2017.11.10 2016나26081

부인의 소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Facts of recognition

On November 15, 2013, the Korean Sports Korean Examination Co., Ltd. (hereinafter referred to as the "Bankruptcy Debtor") was declared bankrupt on November 15, 2013 by the Seoul Central District Court 2013Hahap180, and the Plaintiff was appointed as a bankruptcy trustee on April 6, 2015 as the trustee in bankruptcy appointed at the time of resignation.

Bankruptcy debtor has been mainly engaged in the issuance and sale of sports Korea and daytime Korea, a daily newspaper, and the sale of advertising to be made in the daily and weekly newspapers.

On September 30, 2013, the bankrupt debtor entered into a contract on the transfer of the debtor's "On-the-spot Korea Operation Right" and "On-the-line Sports Korea Title" to the defendant (the Internet Day of Korea, Inc.) at KRW 130 million for the transfer price.

(hereinafter “instant transfer contract”). On October 8, 2013, the Defendant paid KRW 30,000,000 out of the transfer price agreed to the bankrupt debtor.

The bankrupt debtor and the defendant agreed to the following terms concerning the "on-line operation rights of Korea" and "on-line sports Korea title," which are the subject matter of transfer:

(A) Article 2 of the Agreement, and below, "A" shall have the following meanings as used in this Agreement: (b) Article 2 (Definitions) shall have the following meanings:

1. “Welly operated Korea”: The weekly Republic of Korea (Da062428) in which “A” is issued is deemed to be a clerical error in writing in 06428;

shall include all rights, such as copyright and business rights, to Korea already issued by heading A and “A”.

Provided, That the existing employment and employment of the weekly Korean business department shall not be included.

2. “On-line Sports Korea Title” means a title of the Republic of Korea (A0259) issued by “A”, including all forms of marks, such as names, designs, and symbols identifying media and services, and includes any kind of online rights through “titles”;

Article 3 (Transfer of “Korea”) The two pages.