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(영문) 수원지방법원 2020.02.06 2018가합27549
양도대금 청구
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 385,00,000 and its KRW 165,00,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on December 12, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company engaged in the manufacturing of other special purpose machinery, and the Defendant is a company engaged in the manufacturing, assembling, manufacturing, and selling of machinery.

B. On June 30, 2018, the Plaintiff and the Defendant concluded a contract for acquisition of tangible and intangible assets and other related matters related to the Plaintiff’s business from the Plaintiff (hereinafter “instant contract”).

The main contents are as follows:

Article 1 (Purpose) This Agreement determines clearly the rights and obligations among the parties in transferring to the defendant tangible and intangible assets relating to the business of the Ray Storage Cost, which the plaintiff has operated, and other related matters.

Article 2 (Period of Contract) Article 3 (Objects and Scope of Objects Subject to Acquisition by Transfer)

1. The subject matter of acquisition under the contract includes the entire technology assets including drawings and S/W, the exclusive right to use them, and the succession of tangible assets and business-related contract specifically designated under this contract, and designated human resources for the maintenance and operation of the instant project, in relation to the instant project, in connection with the business of this case, among the rash business owned by the Plaintiff as of the date of the contract (hereinafter “instant project”).

2.The detailed details of the items to be taken over shall be as follows, and the detailed details shall be as follows:

(a) the technical assets related to the female hosting technology (LFC); - [Separate 1]

(b) Rawls and other Ming, Driing, and Cutting equipment related technical assets - [Attachment 2]

(c) Measurement and parts of the processing equipment - [Attachment 3]

(d) part of the technical manpower - [Attachment 4]

(e) part of the operating contract - [Attachment 5]

(f) Business rights related to female hosting technology (LFC) and other female hosting equipment;

(g)the exclusive right to use the technology transferred from to B above.

(h)ensure the free license of patent technology applied from one to another.

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