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(영문) 창원지방법원 2015.02.04 2014가합32106
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 3, 11, and Eul evidence 1, 5, 9, 34 and the whole purport of the pleadings:

Relevant C Co., Ltd. (hereinafter “C”) is a corporation established for the purpose of manufacturing and selling industrial machinery and heat exchangeers, industrial machinery and heat exchange engine research and development business, etc., and D (hereinafter “D”) is a corporation established for the purpose of manufacturing and selling industrial machinery. The Plaintiff and the Defendant are those who hold office as the representative director of C and D on January 30, 2009, when the environmental business division contract of this case as seen below was concluded.

B. The purpose of this contract is to determine the rights and obligations arising between the transferee and the transferor in the event that the transferee (C) takes over all of the environmental machinery business units that the transferor had engaged in, and the contract for the transfer of the business of the instant environmental business department and the transfer of the defendant's employment. The purpose of this contract is to determine the business management of the company after the takeover of the business department.

§ 2 (Interested Parties) (1) The term "interested persons" means persons having a substantial control over the transferor company, who are listed below:

Name: The name of the defendant: The transferee of Article 3 (Subject Matter of Contract and Payment of Price) of G shall take over the Environmental Machinery Business Division of the transferor as follows pursuant to this contract:

1. All the machinery, equipment, and machinery, etc. of the transferee’s environmental machinery business department;

2. Article 6 (Prohibition of Transfer and Concurrent Operation of Technology) (1) The transferor and the interested persons (defendants and G) shall provide a third party with the assets of tangible and intangible property value, such as technology or know-how, information, knowledge, etc., owned by the transferor, or directly or indirectly, in the business operated by the transferor, without the prior written consent of the transferee.

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