손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant D is currently serving as a director of Nonparty F Co., Ltd. (hereinafter “F”), who provides a store start-up consulting, etc., and Defendant B and C, as a husband and wife, has been operating the J Merchant located in G Co., Ltd. (hereinafter “F”) from November 26, 2012 in Chuncheon City of H H from November 26, 2012.
B. At around 2013, Defendant B and C requested brokerage and provided related data to F in order to transfer the instant task points, and F made an advertisement on the instant task points on the Internet site operated (K; hereinafter “instant site”). Around April 2014, the Plaintiff prepared the establishment of a new business, reported an advertisement on the instant task points posted on the instant site, and contacted Defendant D with Defendant D, under the brokerage of Defendant D, discussed the transfer and acquisition of business rights of the instant task points.
C. On April 23, 2014, the Plaintiff, in the presence of Defendant D, acquired goodwill, including all facilities, from Defendant B, to KRW 123 million for premium (hereinafter “the instant premium”). A down payment of KRW 15 million for a contract, the intermediate payment of KRW 50 million for the date of the contract, and the remainder of KRW 58 million for the payment of KRW 58 million on May 7, 2014 (hereinafter “instant acquisition agreement”) entered into a contract for business transfer and acquisition (hereinafter “instant acquisition agreement”) with F and business start-up consulting services (hereinafter “instant service contract”). The main contents of each of the instant contracts are as follows.
The transfer contract of this case - The transferee of this case - The plaintiff B - The transferee of this case is the contract on the goodwill or premium of Article 4 of the F. F. The business right is the contract on the goodwill or premium of this case, and the transfer of intangible property value, such as business facilities, fixtures, tangible objects, business partners, credit, customer security, business know-how, and store location.
§ 16.