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(영문) 서울고등법원 2018.01.19 2017나2020911
양수금
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant’s acquisition-related wholesale contract was concluded 1) The Plaintiff collectively referred to as the “instant company” in relation to D personal entrepreneurs established around May 2010 and D Co., Ltd. established on November 8, 2012 (hereinafter “individual business operators”) and D Co., Ltd. (hereinafter “instant company”).

(2) On May 27, 2015, the Plaintiff entered into a contract with the Defendant to comprehensively transfer the entire business (hereinafter “the management right, etc. of the instant company”) such as the right and obligation to manage the instant company to the Defendant for KRW 1.3 billion.

(3) However, the Defendant concluded the instant transfer agreement in the name of Section C, which is the subject of the instant transfer agreement, and the main contents of the instant transfer agreement are as follows. Article 2 (The subject of the instant transfer agreement is also as follows.

Plaintiff

All rights and obligations that are dependent on the management rights and management rights of the company of this case, liabilities of tangible and intangible assets, all old and old and outstanding shares of the company

B. The seller’s name and the price for acquisition by transfer of any intellectual property right subject to purchase and sale under Article 3 (Transfer Price and Payment) above Article 2 of the Intellectual Property Act relating to brands shall be KRW 1.3 billion, and the time of payment shall be KRW 200,000,000 and KRW 300,000,000,000 until July 31, 2015;

8.30 million won until March 31, 200,

9.30 million won by 30.30 billion won, and 200 million won by 31 October of the same year, respectively.

The defendant's failure to pay the above amount shall lose the benefit of the deadline, and shall pay interest in arrears at a rate of 10% per annum for the remaining amount by the date of full payment.

Article 4 (Obligation of Plaintiff) The Plaintiff, while receiving KRW 200 million from the Defendant, constitutes a management officer designated by the Defendant, and the Plaintiff has against the instant company, such as the transfer of all shares issued by the corporation and production facilities among the instant companies.

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