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(영문) 수원지방법원성남지원 2016.10.25 2015가단220305

대금반환소송 등

Text

1. The Defendant shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 15% per annum from July 23, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On June 24, 2015, the Plaintiff decided to take over a secondary management room with the trade name “E” located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, as of KRW 45,00,000, and July 15, 2015 on the date of acquisition.

(hereinafter “this case’s transfer of business”). B.

The Plaintiff and the Defendant prepared the “transfer and acquisition agreement of rights (facilities)” at the time of the above contract, and the Defendant delivered to the Plaintiff the said contract by stating that “The accumulated amount (which is the customer whose payment was made, the Defendant’s income is all brought about, and the Plaintiff is obligated to provide services, such as management of skin, etc.) is expected to be approximately KRW 15,00,000,” as the content of the said contract.

C. From July 15, 2015, the Plaintiff commenced the business of the above skin management office, and as of this day, it was found that the sum of the accumulated amounts exceeded KRW 37,821,100, unlike the Defendant’s explanation.

Although the defendant asserts that the total cumulative amount was calculated excessively, the total cumulative amount calculated less than 34,879,775 won, even according to the defendant's assertion, cannot be deemed to have been calculated excessively by the plaintiff because there is no big difference between the amount calculated by the plaintiff and the amount calculated by the plaintiff. Furthermore, the defendant's argument is rejected because it is difficult to view that the defendant's calculation standard is not clearly disclosed and the customer set is accurately reflected.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 or Gap's evidence 5 (if there is an additional number, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff predicted that the total cumulative amount of KRW 15,00,000 was estimated to be the total cumulative amount of KRW 15,00,000, and entered into the contract for the business takeover of this case. In fact, the Plaintiff suffered damages equivalent to KRW 22,821,10,00, which is the difference, by 37,821,100.

The defendant deceivings the plaintiff as to the total amount of the accumulated amount.