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(영문) 부산지방법원 2017.06.22 2016가단6954
사취금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 32,682,436 to the Plaintiff (Counterclaim Defendant) and its related amount from February 17, 2016 to June 22, 2017.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in the entries in Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 3 and 6.

Around September 1993, the Defendant registered the business with the trade name of “C” and operated the pipe heating works business (hereinafter “instant business”). Around December 21, 1995, the Defendant registered the heating construction business (Class 1) as its type of business.

B. Around August 2015, the Plaintiff entered into a contract with the Defendant to be transferred KRW 100 million for the instant project, and then drafted a written contract including the following (hereinafter “instant contract”) around October 2015.

Under section 2, including the above oral contract and the content of the contract of this case, the succession to the business

1. On or after September 1, 2015, A (the defendant) shall transfer to B (the plaintiff) all profits transparent and open to the public, all profits and losses of the enterprise.

2. In principle, B shall be borne with respect to all expenses incurred by C after the acquisition of the business, and Gap shall settle profits, all-time use expenses, taxes, debts, etc. before the date of the acquisition of the business.

Article 3 (Transfer and Receipt Assets and Record Date) The accumulated intangible and tangible assets of C after September 1, 2015 shall be transferred to B, and the lease deposit (2 million won) and rent of the office located with the new wall of the Busan Seo-gu shall be reverted to B.

Article 4 (Payment of Price for Transfer and Receipt) The total amount of contract deposit to be received shall be KRW 100 million, and Eul shall pay 50% until September 30, 2015 to Gap, and the balance shall be paid until the end of each year of 2015.

Article 5 (Duty to Cooperate)

1. A shall actively perform the duties, such as physical expansion color and selection, negotiation, conclusion of a contract, payment, etc., arising from C, by August 31, 2017, and B shall maximize the creation of profits by acquiring, sharing, and supporting the intellectual property of B.

Article 7 (Cancellation of Contract) The above contract shall be rescinded.

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