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(영문) 부산지방법원 2015.03.19 2014가합768

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

b. Receipt. The second down payment of KRW 20,000,000 shall be paid on March 2, 2011;

b. The intermediate payment of KRW 100,000,000 shall be paid on March 9, 201, and the balance of KRW 70,000,000 shall be paid on March 18, 201.

Section 4. This contract is a contract transferring goodwill or premium.

Business rights mean tangible property values such as business facilities and equipment, and intangible property values such as customers, credit, customer security, business know-how, and store location.

Article 5 In the event that the transferor's intention or negligence interferes with succession to business rights, the transferor shall be liable for compensation for damage.

Provided, That the responsibility shall not be applied retroactively to the transferor after the time of surrender.

Article 6 Business profits until the balance date shall accrue to the transferor.

(Provided, That the liability for payment and payment of local taxes shall be governed by the provisions of the Local Tax Act)

3. Lease deposit for the terms of lease contract for the objects to be transferred or taken over at present: 100,000,000 won;

* Matters to be entered into a special agreement (in the case of overlapping terms, priority shall prevail).

1. 10,000,000 won shall be paid to the transferor, if the franchise agreement is in progress through the main store;

2. Any intermediate payment or balance may be changed subsequently, subject to mutual agreement between both parties;

C. According to the instant contract, the Plaintiff paid KRW 300,000,000 in total to Defendant B, and began to operate the instant franchise from April 201, but the Plaintiff continued to run the instant franchise, but eventually closed the instant franchise on November 8, 201 and delivered it to the lessor (stock company).

[Ground of recognition] Defendant B and C: A without dispute, entry of evidence Nos. 3 and 5, and the purport of the whole pleadings: Service by public notice (Article 208(3)3 of the Civil Procedure Act)

A. In collusion with the Defendant B and C, the primary claim was made by the Defendant B and C, and the fact was that the sales of the instant KIKO was low and the rent was not paid from time to time.