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(영문) 대법원 2015.01.15 2014다36368
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the judgment below, the court below determined that the contract for the transfer of business right of this case was not effective since K representing the non-party company as the representative director of the non-party company at the time when the contract for the transfer of business right of this case was entered into with K representing the non-party company as stated in the judgment below and K did not have the authority to represent the non-party company. On the ground that there was no evidence to recognize that the non-party company lawfully held a board of directors or a general meeting of shareholders before the conclusion of the contract

Furthermore, even if the contract for the transfer and acquisition of the instant business right is valid, in light of the facts stated in the letter of undertaking (Evidence No. 6) of this case as “105 to issue a sale contract (sale right and debt settlement)” as stated in the judgment of the court below, it is natural to interpret that the Defendant Company agreed to take over the obligations of the non-party company, but the obligation due to the sale contract for the non-party company to the non-party company to the non-party company to transfer the obligations to the non-party 105 to the non-party 5 to the non-party 10. ② The letter of undertaking of this case did not mention the obligations arising from the sale contract of this case to the plaintiff who is the buyer of the non-party company. ③ The present debt list of the non-party company prepared after the letter of undertaking of this case did not include the obligation related to the sale contract of this case to the plaintiff, ④ The non-party company was disputing by the non-party company at the time of the preparation of the promise of this case.

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