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(영문) 대구지방법원 2018.01.25 2017가단103402

권리금반환

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B entered into a contract on May 31, 2016 on the transfer of the foregoing Taekwondo hall facilities and business rights to the Plaintiff (hereinafter referred to as the “transfer contract of this case”) with the value of KRW 150 million,00,000,000 (20,000,000 won premium of KRW 20,000,000,000 won) (hereinafter referred to as “the transfer contract of this case”).

Of the above transfer price of KRW 150 million, the down payment of KRW 35 million was paid at the time of the contract, and the balance of KRW 115 million was paid in June 15, 2016. Defendant B, the transferor, decided to transfer 150 to the Plaintiff at least 150 trainees for training costs (hereinafter “paid trainees”).

B. By June 15, 2016, the Plaintiff paid the above transfer price of KRW 150 million to the Plaintiff, and Defendant B, by changing the representative of the Taekwondo ground of this case to the Plaintiff, thereby transferring the seal facilities and business rights to the Plaintiff.

[Ground] Facts without dispute, Gap 1, 4, and 5 evidence (including additional numbers), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The first assertion (joint tort) Defendants: (a) conspired to act on behalf of the Plaintiff, and subsequently, (b) transferred all of the students of the nearby Taekwondo ground operated by Defendant C to the Taekwondo ground in which the number of paid trainees of the Taekwondo ground in question was not 150,000 won; (c) by deceiving the Plaintiff, thereby inducing the Plaintiff to pay KRW 150,000 from the Plaintiff for the transfer of the Taekwondo ground to the Taekwondo ground in which the number of trainees was 150.

In addition, Defendant C newly opened the F Taekwondo Chapter similar to the Taekwondo Chapter in the vicinity for a few months after the transfer of the Taekwondo Chapter to the crimes of the Taekwondo Chapter in this case and operated a tort in which approximately 60 trainees of the Taekwondo Chapter were deducted (an act of unfair competition similar to that prescribed by the Unfair Competition Prevention Act or a act of mutual use for illegal purposes under Article 23 of the Commercial Act).

The Plaintiff’s tort committed by the Defendants is 15.5.00 million won.