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(영문) 수원지방법원안산지원 2015.11.12 2014가합23796
영업금지 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From 1983 to 2001, Plaintiff A served in the Hatrawls Co., Ltd. (hereinafter “Hatrawls”), and the Defendant also served in the Hatrawls by the 2001.

B. On March 7, 2003, the Plaintiff invested KRW 50 million with Defendant, E, and F, and thereafter established and operated “G” as well as “G” with measuring instruments specialized production business entity. On October 20, 2010, the Plaintiff terminated the agreement with the Plaintiff Company B and operated “H” with the measuring instruments specialized production business entity as well as the Plaintiff Company B.

W. C : E : F. F. A’s agreement on the production and sale of “G” in the “G” located in Sin I as of March 7, 2003 between the parties to the agreement to terminate the agreement by the following means:

Article 1 (Method of Settlement of Termination of Trade Contracts) The method of settlement of termination of a trade contract shall be calculated on October 25, 2010, including the issue amount of tax invoices, to be settled.

Article 2 (Transfer and Acquisition of Business Right) A, B and B shall transfer to H established by B both of the above businesses with respect to all the rights to supply and operate the supply and operating rights, and claims settled until October 25, 2010, which is the date of termination of the above business, to H, and B shall take over both of them.

Article 3 (Payment of Price for Transfer of Claims) B at the same time, the above Htls's claims are taken over, the details of the transfer and acquisition are clearly confirmed, and the transfer and acquisition shall be made in advance according to their respective shares in the above transferred claims within a week after approval for the transfer of claims by Htls is granted.

Article 4 (Prohibition of Violation of Duties) The above Parties shall not infringe on their respective duties on the ground of the cancellation of the contract by reason of the production of the same type of measuring machinery (a model name: J, K, or L).

In other words, Gap and Eul cannot violate the scope of Byung's business.

Gap, Eul, and Jung shall have a business registration by lending another person's name, regardless of the person's name.

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