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(영문) 서울중앙지방법원 2018.02.07 2016가합525751

부당이득금

Text

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

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

Reasons

1. Basic facts

A. Among the parties, Defendant B entered into a contract for the transfer of business with the Plaintiff and Seocho-gu Seoul Metropolitan Government E points located in the first floor of the building (hereinafter “the instant car page”). Defendant C is a father of Defendant B, who operated the instant car page together with Defendant B before the instant car page is transferred.

B. On September 2, 2015, the Plaintiff and Defendant B’s transferee entered into a contract, etc.

(2) On September 2, 2015, the board business is a company that provides customers with consulting on the provision of information and the conclusion of a contract related to the business in which they start a resting restaurant, such as a carpet and beer, or take over the business (hereinafter referred to as “business takeover contract of this case”). Through the foregoing, Defendant B and the Plaintiff, through Defendant B, and the Plaintiff, intend to acquire all rights to the instant carpet business and facilities from Defendant B (hereinafter referred to as “business takeover contract of this case”) the amount of KRW 200,000,000 premium (20,000,000 on September 2, 2015, and the intermediate payment of KRW 80,00,000 on September 7, 2015, and the amount of KRW 100,000,000 on September 17, 2015).

Article 18 (Plaintiff, hereinafter the same shall apply) of the Agreement was concluded. The main contents of the Agreement are as follows.

) It is recognized that, as one’s own determination of the value of the store due to one’s own start-up and later the store owner’s change, the change and decline in sales may occur due to the employee acquisition issue, business experience, store operation ability, game situation, seasonal factors. The transferor (Defendant B; hereinafter the same shall apply) of Article 19 (Defendant B; hereinafter the same shall apply)

) If the assignee provides sales data to the assignee, this is provided solely by the transferor, and if it is later found to be false, all of the responsibilities relating thereto are attributable to the transferor. In this case, the transferee can only claim for the return of the premium against the transferor or claim for damages against the transferor, and in principle, the principal company (the same

Any of its officers and employees shall be liable.