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(영문) 수원지방법원 2016.10.19 2015가단139178
구상금
Text

1 The defendant shall pay to the plaintiff KRW 99,401,777 as well as KRW 97,487,853 as to the plaintiff. From November 21, 201 to January 23, 2013.

Reasons

1. Evidence A through A4 and the purport of the whole pleadings, which have been recognized;

A. The Plaintiff’s claim for indemnity against the Plaintiff’s LAB, etc. (hereinafter “B”) has a claim for delay damages in proportion to KRW 98,263,963 and the amount of KRW 97,487,853 from November 21, 201 to January 23, 201, 14% per annum from the next day to the date of full payment, and 20% per annum from the next day to the date of full payment.

(U.S. District Court 2012Kadan98795). (b)

On June 5, 2012, the defendant was established as Kimpo-si D (Road name address, lot number address, Kimpo-si E) with the main office of Kimpo-si, the purpose of which is electrical construction business, fire construction business, communications construction business, construction business, real estate rental business, building material Do, retail business, power distribution business, etc.

On the other hand, B was established on August 4, 2005 for the purpose of electrical construction business, fire construction business, communications construction business, building work business, civil engineering work business, construction business, real estate rental business, etc., and its head office was changed to Kimpo-si E on July 23, 2008 and Kimpo-si on July 7, 201.

2. The allegations by the parties and the judgment of this court

A. Whether the Defendant, as a transferee of B’s business, is liable for the repayment of the indemnity liability arising from the continued use of B’s trade name (i) whether the Plaintiff’s assertion (a) was closed on June 22, 2012 and was no longer engaged in business activities, and the Defendant was established in the same workplace as B for the purpose of operating the same business by acquiring B’s electrical construction business, fire fighting business, and communications construction business without compensation, etc., and the representative C and the employees H served as the Defendant’s management owner and employees, etc., and were transferred the employees of the business department as they were transferred as they were. As such, the Defendant constitutes a transferee of business, and the Defendant constitutes a transferee of business, and the Defendant continued to use B’s trade name in the main part of B’s trade name and main part as “A,” and the Defendant continued to use B’s trade name pursuant to Article 42(1) of the Commercial Act.

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