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Reasons
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(영문) 서울고등법원 2015.07.10 2014나52508
영업양수인책임청구
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for “the parts to be modified” under paragraph (2) below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) First-class decision of the first instance; and

(a) Paragraphs 1 and 2 (as follows, paragraphs 2 and 2) (as from 2 pages 12 to 21) shall be applied:

“1) D is a person who has engaged in the manufacture and sale of non-pharmaceutical products under the trade name of “E.” A received KRW 190 million from the Plaintiff around April 23, 2010, and by the end of July 2010, the production price of which is equivalent to KRW 613,100,000 (15 items, such as insects, hydrobics, hydrobrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgr.

A person shall be appointed.

(b) turn in place 3(3) of the first instance judgment into “(2)”, “3(6) of the third instance judgment” into “3(iii), 3(3) and 4(5) of the third instance judgment into “4(4) of the first instance judgment.”

(c) Second-party decision of the first instance.

A. The part of paragraph 2 (2) (No. 6, No. 20 to No. 78) (No. 8) is as follows. The Defendants with respect to 2. “Defendant B” (hereinafter “Defendant B”) closed the business after the completion of the entire business facilities and authorizations to the Plaintiff on June 7, 2010, when Defendant B defaulted, and Defendant B discontinued the business after the completion of the entire business facilities and authorizations.

6. The defendant B’s trade name belongs solely on the ground that the trade name “E” was transferred from D on 23.2, and the business registration was completed and a new business was commenced.

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