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(영문) 대구지방법원 2018.10.25 2018나306421

임금

Text

1. Defendant V’s appeal to the instant principal lawsuit and the instant principal lawsuit by the Defendant-Counterclaim Plaintiff Company X.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following '2. Additional Judgment' to the assertion that Defendant V added to this court, and thus, it is identical to the ground of the judgment of the court of first instance. Thus, it is citing it as it is by the main sentence

2. Additional determination

A. As of December 9, 2014, when concluding the instant transfer and acquisition contract with Defendant X Co., Ltd., Defendant V, the trade name of Defendant Co., Ltd. as of December 9, 2014, it cannot be deemed that Defendant V continued to use Defendant X Co., Ltd.’s trade name at the time of the transfer of business.

Therefore, Defendant V is not liable to the Plaintiffs as a transferee of business pursuant to Article 42(1) of the Commercial Act.

B. (i) According to each of the evidence Nos. 1, 1, and 1 and 3, the fact that Defendant V signed the instant transfer/acquisition contract with Defendant X Co., Ltd. as of December 9, 2014, when the transfer/acquisition contract was concluded with Defendant X Co., Ltd., is recognized.

However, according to the overall purport of evidence Nos. 1, 2, and 4, Defendant X corporation, the transferor of the business, changed its trade name from August 6, 2015 to “X corporation” as of August 6, 2015, which was after the transfer and acquisition contract of this case, and the trade name on December 8, 2015, changed from “Z” to “Y corporation” to “V” at the present time. Thus, even if Defendant X corporation did not change its trade name at the time of the transfer and acquisition contract of this case immediately after the conclusion of the transfer and acquisition contract of this case, Defendant X corporation changed its trade name after the transfer and acquisition contract of this case to “the present X corporation” from “V” to “the present X corporation,” the trade name has not been exceeded thereafter.