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(영문) 서울고등법원 2015.06.11 2014나2026444
계약의무승계 등
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

(2) Around July 12, 2012, the Plaintiff entered into a contract to re-transfer 5% of the 70% equity shares to J, and C entered into a contract to re-transfer 5% of the 70% equity shares, and around August 12, 2012, registered that J and H were joint representative directors, and changed the business mark on the instant securities brokerage service from “I” to “B” (which is distinguishable from Defendant corporation). The Plaintiff, the representative director of B (hereinafter “A”), J, H and Gstedi (hereinafter “B”), the representative director of B (hereinafter “B”), and the representative director of H and Gstedi (hereinafter “B”). The term of contract under Article 2 (Period of Contract) shall be from July 1, 2012 to June 31, 2015, the re-contract shall be extended to both parties at the time of termination of the contract’s automatic termination by not later than 30 days prior to the completion of the contract.

Article 3 (Guarantee Security) In order to faithfully implement this Agreement, “B” shall deposit KRW 250,00,000 as interest free of charge to “A”. * simultaneously with the termination of the contract shall be refunded to “B”

2. “B” shall have all the goodwills of photographs and videos, as scheduled, of the “A”’s place of business.

In principle, the sale of commodities shall be based on the rates table according to the standards of Article 5 (Unit of Supply), but the following amounts may be adjusted by mutual agreement between A and B:

section 10 (Termination of the Contract)

1. Requirements for the termination of the contract of “A” (hereinafter “B”) when the “B” violates each provision of the contract (hereinafter omitted)

2. The requirements for termination of the contract of “B” (1) When “A” violates each provision of the contract, (2) when “A” is subject to compulsory execution under law and takes a huge obstacle to shooting, and (3) when transferring business rights to a third party without the consent of “B” (hereinafter omitted) on August 20, 2012: The address of “A”: The representative of “B” in Suwon-do Suwon-si, Suwon-si, Suwon-do: J (the seal affixed by Justice).

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