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(영문) 서울고등법원 2017.05.12 2015나2019931

영업권 양도절차이행 등

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1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The appeal cost and this court.

Reasons

1. Facts of recognition;

A. The Plaintiff’s operating Plaintiff was registered as the Defendant’s internal director on May 15, 2013.

However, on June 27, 2013, the defendant representative G, H, and In-house director I et al. prepared a business agreement with the plaintiff to consent to the management of the defendant until the company normalization and the return of the investment amount is made. Accordingly, the plaintiff began to manage the defendant's business account by taking over the defendant's management right and manage the defendant's business account.

B. Around July 2013, the Defendant entered into an entrustment contract with two (2) and (3) a community center of D 1 and 2 complexes (hereinafter “user center”); (2) a management contract under which the council of occupants’ representatives of the C apartment and C (hereinafter “C center”) rent is leased and managed at KRW 2 million per month; and (3) on January 20, 2014, the Defendant entered into an entrusted management contract with F Co., Ltd. and E (hereinafter “E center”).

(hereinafter referred to as "each center of this case"). (c) All of them are "each center of this case".

After entering into a contract for the transfer of goodwill and the contract for the vicarious operation between the Plaintiff and the Defendant, the contract for the transfer of operating rights (hereinafter “instant transfer contract”) and the contract for the vicarious operation (hereinafter “instant vicarious operation contract”) as follows was concluded between the Plaintiff and the Defendant:

1) On September 1, 2013, the Defendant received KRW 170,000,000 as premium and transferred all the management and operation rights of the Franice Center to the Plaintiff.

Article 2 The plaintiff shall fulfill all the terms and conditions of the contract with the defendant in accordance with the operating contract between C and the defendant.

B. On the same day, Article 1 of the Agreement on the Agency Operation of the Museum is based on the premise that the defendant shall pay 170,000,000 won invested by the plaintiff in the Fluice Center as the profits generated from the operation and management of the Fluice Center.

§ 2.