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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.
Reasons
Basic Facts
The plaintiff (the first trade name was "Korea Stock Company," but the second name was changed on February 8, 201) entered into a contract for assets, liabilities, and takeover of business was a company that manufactures, purchases, freezing, transports, processes, processes, and sells agricultural, fishery, livestock, and related products, which was established around June 1968, and operated exclusively with the livestock cooperatives since the beginning of the 1980s.
On April 9, 2009, the Plaintiff entered into the Convention for the Acquisition of Assets, Liabilities and Business Rights (hereinafter “the Convention”) with the Seoul Feed (hereinafter “Seoul Feed”) seeking to acquire the business rights of the Seoul Feed Heavy Factory and Gwangju Livestock Co., Ltd. (hereinafter “Seoul Feed”) to acquire the business rights of the Seoul Feed Heavy Factory and Gwangju Feed.
The main contents of the instant agreement are as stated in the corresponding part of the attached Table.
On May 4, 2009, the Plaintiff entered into a contract with the Seoul Feed (hereinafter “instant contract”) on assets, debts, and business takeover with respect to which the Plaintiff would transfer the Plaintiff’s intermediate plant and its related business rights to the Seoul Feed based on the instant agreement. The main contents are as stated in the corresponding part of the “relevant Regulations.”
On May 19, 2009, the Seoul Feed Co., Ltd., a related company, established the Seoul Feed Co., Ltd. (hereinafter referred to as the “Defendant, regardless of whether before or after the merger; hereinafter referred to as “the aforementioned surviving company”) established the Korea Refriger, Korea Refriger, Inc. (hereinafter referred to as the “Defendant”) on May 19, 2009, by absorbing the livestock products comprehensive disposal business into the Doglar Friger, Inc. (hereinafter referred to as the “CF”) with a view to running the business that was acquired from the Plaintiff under the instant contract, and the Defendant succeeded to the rights and obligations under the instant contract of the Seoul Feed pursuant to Article 6(2) of the instant contract.
part payments;