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(영문) 전주지방법원 2015.10.29 2014나10819

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4, 10, and Eul evidence Nos. 1, 2, and 4 (including additional numbers), unless there is a dispute between the parties or in full view of the purport of the entire pleadings:

On October 11, 2011, the Defendant registered the business from the first floor of the building located in Geumcheon-gu, Seoul Special Metropolitan City as a “C cafeteria” under the name of the Defendant, and started its business at the place, but thereafter reported the change of the trade name to a “D cafeteria” (hereinafter “instant cafeteria”). < Amended by Presidential Decree No. 24213, Jul. 30, 2013>

B. The Plaintiff continued to supply goods until February 28, 2014, as a corporation that runs the livestock product processing and sales business, and from August 1, 2013, the transaction of supplying pigs, etc. to the instant store was commenced.

C. On July 18, 2013, the Defendant entered into a contract with E to transfer the right to all the goodwill and facility costs of the instant store to E with premium of KRW 26,000,000,000. The Defendant agreed to perform the following: (i) all the goodwill and facility fixtures; (ii) the full payment of taxes before the change of the entrepreneur; and (iii) the full payment of taxes before the change of the entrepreneur; and (iv) the full payment of the remainder at the same time as the change of the entrepreneur after registration.

Afterward, the Defendant, through the preparation of a document called a premium consulting contract between E and E on September 5, 2013, to receive KRW 26,000,000 for the instant store from E and to transfer to E the entire facilities, etc. of the instant store, and paid KRW 500,000 for the said contract on July 18, 2013, and there is a problem of inheritance at present, the intermediate payment of KRW 2,00,000 for the intermediate payment of KRW 23,50,000 for the remainder of 23,50,000 for the inheritance.

(2) A seller may not waive and destroy KRW 2,500,000 paid at the time of the cancellation of a contract, and may destroy the contract by paying KRW 15,00,000 which is currently installed as a penalty.

(3) The name of a business operator shall be taken into consideration and shall be transferred to another person after registration.