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(영문) 서울고등법원 2014.10.23 2014나9559
영업행위금지 등
Text

1. All appeals filed by the Plaintiff and Defendant B are dismissed.

2. The Plaintiff and Defendant B, among the costs of appeal.

Reasons

1. Basic facts

A. The Defendant B (the first trade name was “stock company G” but changed the trade name on February 8, 2011.

(2) On April 9, 2009, Defendant B entered into an agreement on the acquisition of assets, liabilities, and goodwill for the transfer of the business rights of Defendant B’s medium-sized factories and Gwangju-type factories (hereinafter “instant agreement”) with the company engaged in the production, purchase, freezing, transportation, processing, processing, and sale of agricultural, fishery, and livestock, and related products.

The main contents of the agreement of this case are as shown in attached Form.

3) On May 4, 2009, H and Defendant B concluded a contract for assets, liabilities, and takeover of business with the content that H would acquire from Defendant B the secondary factory and its related business rights (hereinafter “instant contract”).

(B) The main contents of the establishment of a newly established corporation are as listed in the corresponding part. B. The establishment of a newly established corporation was merged with K on May 19, 2009, K Co., Ltd. (J on January 3, 201) for the purpose of running the business that was acquired from Defendant B under the instant contract, through I and J, Inc., the subsidiaries of which were its subsidiaries, and the said surviving company was merged with K on May 19, 2009 (J on January 3, 2011, and changed the trade name on the same day to L, again

All plaintiffs are plaintiffs regardless of whether before or after the merger.

B. The Plaintiff, pursuant to Article 6(2) of the instant contract, succeeded to the H’s rights and obligations under the instant contract.

C. On June 1, 2009, the Plaintiff and Defendant B entered into an agreement on the details of assets and liabilities, the timing and method of payment of intermediate payments, and the method of settlement of the remainder, etc. pursuant to Article 2(3) of the instant contract, and entered into a list of assets and liabilities. On June 12, 2009, the acquisition of assets and liabilities becomes final and conclusive, and the payment of remainder.

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