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(영문) 서울동부지방법원 2020.10.14 2019나30060

물품대금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

The plaintiff is a person who engages in the gold manufacturing business with the trade name of "C".

The Plaintiff supplied golf products to D (hereinafter “D”) from January 2017 to October 2017. At the time of the transaction with D, the Plaintiff had a total of KRW 7,234,975 (2,915,440, and KRW 4,319,535 around September 2017).

Article 1(Purpose of the Business Transfer Agreement) The purpose of this Agreement is to set forth all the standards and principles in concluding contracts to transfer stocks, trademark rights and fixtures, tools and instruments (including gold-type), inventory of raw materials and inventory to the defendant related to D's brand E.

Article 2 (Subject to Assignment) D shall transfer to the defendant any of the following subparagraphs, and trademark rights referred to in subparagraph 2 shall enter into a separate transfer contract, and subparagraphs 3 through 6 shall be determined in attached Form by the defendant:

1. E global goodwill;

2. Six trademarks E;

3. Raw and secondary materials;

4. Equipment;

5. Tools and tools (including molds).

6. Products;

7. The Defendant does not assume any outstanding debt related to D E.

Article 6 (Transfer of Business) D shall transfer to the defendant all goodwills of the whole world related to E on February 26, 2018.

Article 7 (Business Support) D shall provide the defendant with free support for advertising promotions, such as printed materials and products display shops owned by D, for the smooth sale of products, through mutual consultation.

In addition, F domain name owned by D is transferred to the defendant without compensation.

The defendant is a company established on February 23, 2018 for the purpose of manufacturing and selling golf products.

On February 26, 2018, the Defendant entered into a transfer contract (hereinafter “instant transfer contract”) with D as follows:

The Plaintiff supplied golf products to the Defendant from April 2018 to August 2018, 2018. The supply amount is equivalent to KRW 9,563,935.

From April 30, 2018 to October 1, 2018, the Defendant issued a total of KRW 6,989,485 to the Plaintiff.