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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 10,000,000 and Defendant B, as from July 25, 2014.
Reasons
1.The following facts of recognition may be admitted, either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 3 (including each number), Eul evidence 1, 3, 8, 10, 15 (including each number), and the whole purport of the pleadings.
2011. 10. 25.자 사업권 양도양수계약 체결 등 1) 원고는 D이라는 상호로 만두, 찐빵 등의 제조판매업을 영위하던 중 위 개인사업체를 법인으로 운영하기로 하고 2011. 7. 22. 주식회사 D을 설립하였다. 2) 원고는 주식회사 D을 설립한 후 원고가 종전에 운영하던 개인사업체의 직원이었던 E을 주식회사 D의 형식상 대표이사로 등재해 두었다.
3) On October 25, 2011, the Plaintiff entered into a business license transfer and takeover agreement (hereinafter “instant business license transfer agreement”) with Defendant C with the following content as follows.
A) The Plaintiff (D representative: hereinafter referred to as “A”) and the Defendant C (hereinafter referred to as “B”) agreed to transfer and take over the following agreements to increase their common interests with respect to the purpose of supplying Gap’s franchises and exclusive goods to franchise business and franchise stores in operation, and both parties agree not to raise an objection against the agreement. (The matters agreed to transfer and take over: D’s trade name: D’s location: D’s production facilities and factory or office fixtures for D’s exclusive goods in operation.
1. A shall transfer to B all the ownership and rights of Co., Ltd. D as of October 31, 201 without any condition.
2. The rights of registration and use of trademark rights (A) owned by A shall be as specified in this Agreement.
3. “A” shall directly manufacture and supply additives products (such as finites, cinates, salt, sugar, starch, starch, dinant, etc.) among the raw materials mixing expenses necessary for the production and supply of B products.