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(영문) 서울고등법원 2017.06.16 2016나2004745
위약금
Text

1.The judgment of the first instance, including any claims added at the trial, shall be modified as follows:

Defendant B.

Reasons

1. The facts under recognition do not conflict between the parties, or each statement of Gap evidence Nos. 1 through 5, Eul evidence Nos. 12, 13, and 20 (including each number, if any; hereinafter the same shall apply), the court of first instance issued an order to submit financial transaction information on February 9, 2015 to the head of the agency in charge of supporting the IB Bank's business, and the NH Nonghyup Bank's IT planning division on Feb. 24, 2015.

[1] From March 2005, the Plaintiff engaged in the printing business, etc. with the trade name “D”, and Defendant B engaged in the printing business with the trade name “F” from January 30, 2012.

Defendant C, a type of Defendant B, worked for the entire business from April 2012 to early 2014, is in charge of managing and collecting business partners while serving for E Co., Ltd. (hereinafter “EA”). The E Co., Ltd., a company with the purpose of printing business, etc., serves as the representative director by her husbandP.

Defendant B transferred F’s business to the Plaintiff as follows: (a) from April 2012 to June 2014, Defendant B served as the head of D’s business.

[2] On April 1, 2012, the Plaintiff and Defendant B concluded a contract for the transfer of business (hereinafter “instant contract”) with the content that Defendant B transferred all of the F’s business, including F’s machinery, to the Plaintiff at KRW 36,000,000.

Article 9(1) of the instant contract provides that “The transferor may not interfere with the business activities of the transferee after the date of business takeover,” and Article 9(2) provides that “In the event that the transferor creates and uses seals and passbooks other than the seals and passbooks registered under Article 6(2) without the consent of the transferee, the crime of breach of trust, etc. is established, and the transferor bears any civil or criminal responsibility,” and Article 6(2) provides that “The transferor shall deliver the seals and passbooks of the transferor to the transferee for the smooth business activities of the transferee (in addition, the seals and passbooks of the transferor).”

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