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(영문) 서울고등법원 2016.01.08 2015나6588
판결금
Text

1. The defendant-appellant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant.

purport.

Reasons

1. The court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the case which is used again in accordance with the following two provisions. Thus, the court's explanation concerning this case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.A new or added portion of the judgment of the court of first instance shall be the same "as the 18th day of the judgment of the court of first instance" which shall be the 18th day of the judgment, as follows:

The same business mark has been used as a mark indicating the business entity of the company and the defendant(s).

If so, the defendant (ex officio) who has taken over the business in succession from the first company and the second company is liable to repay the debt arising from the business of the first company, the initial transferor, like the transferee who belongs to the trade name.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed and it is so decided as per Disposition.

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