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(영문) 서울고등법원 2014.10.23 2013나77142
사업양도대금등 청구의 소
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B and Defendant (Appointed Party) jointly and severally with the Plaintiff 18.

Reasons

1. Basic facts

A. The Plaintiff, from around 2002, engaged in film wholesale and retail business with the trade name of “E,” imported and sold the equipment of the U.S. G company (class B below) in the name of the wife F, and Defendant B, while substantially operating the H, operated the film wholesale and retail business.

Defendant D and Appointed C run a film retail business with the trade name of “I” from April 1, 2007 to May 10, 2007. The Appointor C entered into an exclusive consignment contract with the K Company holding the right to import and sell the films of the U.S. company from September 10, 2007 to “J” and runs a film retail business.

B. Defendant D, on March 13, 2007, set as Defendant B’s proposal, one of the three units of the sub-lease deposit, which was leased by the Plaintiff from L for the purpose of preserving films, set as KRW 7 million, and the monthly rent as KRW 600,000,00,000, among the three units of the warehouse located in Yongsan-gu, Busan Metropolitan City (hereinafter “instant warehouse”) that the Plaintiff leased from L for the purpose of preserving films.

C. Defendant D established N with Defendant B to import the films of U.S. G company, and to operate a business of distributing, manufacturing, and performing the distribution of the heat and crime prevention films by acquiring the E assets, and subsequently negotiated on the acquisition price of the Plaintiff and E, Defendant D adjusted the acquisition price of KRW 300 million as KRW 20 million required by the Plaintiff, and instead agreed on May 28, 2007 to the Plaintiff at a 1/3 share based on the agreement on the same business (hereinafter “instant business agreement”).

Article 2 (Contribution by Defendant D) Defendant D shall pay 260,000,000 won to the newly established company due to the business takeover amount, etc. of E.

Article 3 (Obligation of Defendant B) The contributions under Article 2 paid by Defendant D shall be repaid from time to time to time to time to Defendant D with the profits generated from business activities.

Provided, That the defendant B shall be liable for the damages incurred by the defendant B.

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