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(영문) 대구고등법원 2017.06.23 2015나3243
손해배상(기)
Text

1. The amount of order to pay below among the judgment of the first instance, including the plaintiff's claim added at the trial.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures automobile parts, and the Defendant registered his/her business with the trade name “D” from October 8, 2010 to Daegu Seo-gu, Daegu-gu, as the business name “D,” and was engaged in the business of treating Aluminium minium and chemical tin metal business (hereinafter “instant business”). On March 1, 2015, the Plaintiff filed a report on the closure of business registration.

(Evidence Nos. 9-2, 21-2, 46). (b)

On May 16, 2012, the Defendant: (a) entered into a contract (Evidence A; hereinafter “instant transfer contract”) under which the Defendant would transfer the instant business to the Plaintiff at KRW 265,00,000 (hereinafter “instant transfer”); (b) Article 1 of the instant transfer contract (hereinafter “instant transfer contract”) and Article 1 of the instant business are merged with the Plaintiff and the instant business are merged; and (c) the instant business is dissolved.

Article 2. The Plaintiff takes over overall matters, such as facilities, goodwill, technology transfer, etc. necessary for business in M&A from the Defendant, and transfers and installs the instant business facilities (other than chemical paints, manual amnodide calculium treatment) to the Plaintiff’s factory, and remodels the Plaintiff’s automatic nanotechnology treatment to make it possible to efficiently automatic work, so that CYIND and PISDN can be efficiently automatic work.

To this end, the method of PRGRAM (PT600) is adopted with COPUTS SYS SYM as a stop line remodeling, a stop period INTSFACE TUCHPNNER and PC, and the PRGRAM is modified to the PRM adjustment method.

In addition, the amount of remodeling the plaintiff's factory for the purpose of business image chain, etc. shall be separate, and 265,000,000 won, including business rights and transfer and installation after purchase of technology transfer expenses, shall be invested by the plaintiff, and the defendant shall complete the relocation installation within the extent of the above amount.

Article 3 shall be determined as 35,00,000 won (excluding value-added tax) and shall be paid in cash on February 22, 2012.

Article 4 The first intermediate payment shall be paid KRW 15,00,000 (excluding value-added tax) on March 10, 2012, and the second intermediate payment shall be paid on April 15, 2012.

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