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(영문) 광주지방법원 순천지원 2018.04.24 2017가단75177
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a company that manufactures and engages in wholesale and retail business. Defendant B is a company that manufactures construction materials (hereinafter “Defendant company”), and Defendant C is the representative director of the Defendant company.

B. On April 21, 2017, the Plaintiff entered into the instant contract: (a) signed a contract with the Defendant Company under the following terms and conditions (hereinafter “instant contract”); (b) sold the Plaintiff’s goodwill, intellectual property rights, machinery and equipment, technology transfer, etc. related to the manufacture and sale of the Plaintiff’s water shoot to the Defendant; and (c) Defendant C jointly and severally guaranteed this.

(이하 ‘이 사건 계약’이라 한다). ◎이 사건 계약서 ㈜D(이하 ‘갑’이라 한다)와 ㈜A(이하 ‘을’이라 한다)는 갑과 을간의 물티슈 제조 및 판매와 관련하여 을이 가지고 있는 영업권, 지적재산권, 기계장비, 기술이전등의 판매를 위한 계약을 다음과 같이 체결한다.

Article 2 (Contents of the Contract) ① A shall transfer to A all the production technologies (raw materials, manufacturing methods, etc.), goodwill (including trade lines and all the transactions occurring in the future) and intellectual property rights, production facilities, and surrounding machinery (attached Form 1 List), which are currently held in relation to water issues, to A in advance 280 million won (280,000,000 won).

(2) The amount to be transferred under the above paragraph (1) shall not include any such claims and obligations currently owned by B.

Provided, That the deposit for the agency shall be discounted by the transferee.

(3) For the above paragraph (1), Gap and Eul shall be transferred and taken over at two levels.

1단계 양도 양수 ▷ 양도금액 : 금 1억 2천만 원(120,000,000원)

1. Payment method 1) Installment payments: 30 million won (payment at the time of a contract): An agency deposit for 40 million won (payment immediately after the second week technology transfer). The remainder 30 million won (payment immediately after the last month of machinery and equipment within 30 days from the contract date):

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