메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
건국대학교 법학연구소 일감법학 일감법학 제20호
발행연도
2011.1
수록면
531 - 565 (35page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
This paper discusses the concepts and criteria of the transfer of business assets, of which the Korean Commercial Code does not provide the clear meanings, by reviewing several Supreme Court‘s decisions. In general, business transfer agreement enables the seller to transfer her rights and obligations to the buyer by exchange with the full committed payments. The Supreme Court has repeated as a criterion in the business sales that business property should be transferred as a whole, because individual sale of assets cannot achieve the statutory goal of business property transfer. In another words, the transfer of a business should be treated as a 'Transfer of a business as a going concern' when there is selling or otherwise transferring a business, or part of a business. In reality, one of the most important and difficult things is how to hold business identity intact. To accomplish the purpose of maintenance of business identity, in a transfer of business, human and material resources should be transferred functionally as a whole. Particularly, if the auction process is involved in the sale of business assets, business debt will not be delegated properly. In case of using the auction process, business transfer may be exploited to avoid business debt. To solve these problematic situations, the Court needs to be more cautious in dealing with actual cases that involve the auction process. The agreement to “Sale of All Assets Outside the Course of Business” must express explicitly that it is the business transfer agreement or it can be regarded implicitly as the business transfer agreement. Therefore, the court has currently required that the identity of business by delivering human and material resources as a whole should be maintained and business transfer agreement must exist explicitly or implicitly.

목차

등록된 정보가 없습니다.

참고문헌 (11)

참고문헌 신청

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0