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(영문) 서울고등법원 2015.01.09 2013나62591
손해배상
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 265,916,409 and KRW 229,101,069.

Reasons

1. Basic facts

A. In around 1982, the Plaintiff: (a) conducted personal business, such as printing and manufacturing of bar code labels, with his personal trade name, using Jung-gu Seoul Central District E as its place of business; and (b) transferred the business of “C” to D, a partner, around June 18, 2009, while moving his/her place of business to Ocheon-si F.

(hereinafter “this case’s transfer of business”). D is the Plaintiff’s partner from around 2005 to June 2009, who works as the business head of the Plaintiff’s personal business chain “C” and was in charge of manufacturing, selling, and collecting the bar code labels.

B. At the time of the instant contract for the transfer of business, “C” had active property, such as approximately KRW 43 kinds of printing machines equivalent to approximately KRW 200,000,000, and approximately KRW 400,000,000, which were not recovered, and KRW 39,000,00,000, etc., on the other hand, the existing creditors of the transaction have a total of KRW 838,038,879, and the Plaintiff and D agreed to acquire or take over the same business from the Plaintiff and continue the same business without paying a separate transfer of business.

C. On June 25, 2009, D established the Defendant Company which aims to carry out printing, wholesale and retail business, sale and maintenance of bar code equipment, etc. with the name of Sincheon-gu F as its domicile, and appointed as its representative director, and started the bar code labels and manufacturing business, and closed the Plaintiff’s business registration on September 30, 2009, under the Plaintiff’s name.

(D) No change in the name of business is made in the name of business operator.

Defendant Company established and around September 2012, 2012, run the same business at the existing place of business of “C” and runs the same business at “C,” and thereby, KRW 838,038,879.

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