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(영문) 서울중앙지방법원 2018.05.31 2016가합526464
경업금지 청구의 소
Text

1. Of the instant lawsuit, the manufacture, development, sale, repair, ex post facto management services, public relations, etc. of the base air circulation of B Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established pursuant to the Federal Republic of Germany Act, which mainly engages in the manufacture and sale of various machinery.

B A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a corporation established pursuant to the laws of the Republic of Korea, which is mainly engaged in the manufacture and sale of machinery, such as terpressors and t

§ 1.01 (Definitions) The term “TB-Blower” means all types of Defendant companies and the base of their models from 0 pressure range to 1.5 pressure.

§ 5.04 (Prohibition of Competitive Business) (a) Unless otherwise provided for in the instant contract, the Defendant Company or its affiliates shall not, directly or indirectly, engage in competitive business in any form, such as any activity, service or business, in connection with the instant project from January 1, 2011, and the Plaintiff’s business related thereto, unless otherwise provided for in the instant contract.

B. On January 5, 2011, the Plaintiff and the Defendant Company entered into a contract for the transfer of technology (hereinafter “instant contract”) with the content that the entire business sector related to the publication of the Defendant Company (hereinafter “instant business”) shall designate the transfer price of KRW 10.4 billion as the transfer price to the Plaintiff, and the Defendant Company transferred the instant business to the Plaintiff under the said contract.

The instant contract contains the following contents:

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the claim for prohibition of competition and the claim for prohibition of posting on the website (D)

A. The purport of the Plaintiff’s assertion is that the Defendant Company should not directly perform or have a third party perform any business activities and other activities related thereto, such as manufacturing, development, sale, repair, post management services, and public relations, such as advisory services, advice, club services, services, etc., in relation to the ground winding from the pressure range 0 to 1.5 Earsen (1.5barg) according to the instant contract.

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