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(영문) 서울중앙지방법원 2019.07.09 2018나76929
구상금 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or adds to the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(other than part on co-defendants of the first instance trial). 2. Additional determination

A. The Plaintiff asserted that an implied business transfer agreement can be acknowledged in light of the following: (a) even if there was no explicit agreement on business transfer between the Defendant and A; (b) F succeeded to the factory and office of A; (c) the Defendant, who was an internal director of A; (d) the employees of A; (e) the employees of F succeeded to the employment of F; (e) the employees of F continues to engage in continuous business relationship with the former business partners; and (v) the business type between A and F is the same; (e) there was no evidence to acknowledge the circumstances such as “employment succession and maintenance of business relationship with the former business partners”; (iv) there was no other evidence to acknowledge the implied business transfer agreement after the date of the dispute between the parties; (v) there was no other evidence to acknowledge the existence of a domestic business transfer agreement. Even if there was no evidence to acknowledge the existence of a domestic business transfer agreement after the date of the agreement, there was no other evidence to acknowledge the transferor’s liability for reimbursement against the transferor 310 days prior to the date of the transfer.

B. On the other hand, the defendant has reached the trial and transferred the business between the defendant and A corporation.

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