Seoul High Court 2008Nu31798 (Law No. 28, 2009)

National High Court Decision 2007J 2928 ( December 10, 2007)

In case the assignee acquires only the necessary parts in advance, it is not a comprehensive transfer of the business.

Whether to comprehensively succeed to all rights and obligations with respect to any business is different depending on the intention of the parties to the contract, so it does not constitute a comprehensive transfer of business if the transferee accepts only certain parts of the transferor's business which he/she needs according to his/her circumstances

The contents of the decision shall be the same as attached.

The appeal shall be dismissed.

The costs of appeal are assessed against the plaintiff.

It is so decided as per Disposition by the assent of all participating Justices on the bench, pursuant to Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure of Final Appeal, since the Plaintiff did not state the grounds for appeal in the petition of appeal and did not submit the appellate brief within the statutory period (the appellate brief submitted by the Plaintiff was received on August 4, 2009), since it was later