영업허가명의변경절차이행 등 청구의 소
1. It was concluded on January 4, 2018 between Defendant B and Defendant C as to the business activities listed in the attached Table 1.
Basic Facts
A. On June 16, 2016, Defendant B, from E, leased the real estate of 228.10 square meters on the 1st floor of the building located in Gwangju-dong-gu, Gwangju (hereinafter “instant real estate”), as security deposit amounting to KRW 100 million, the lease period from June 16, 2016 to June 15, 2019, and the monthly rent of KRW 700,000 (additional value separate, prepaid) from that time, operated “D Gwangju advantage (hereinafter “instant main point”).
B. On December 19, 2017, the Plaintiff loaned KRW 300 million to Defendant B, and the Plaintiff shall be reimbursed KRW 150 million among them until January 26, 2018, and the remainder KRW 150 million shall be repaid in installments for 12 months from January 25, 2018 to December 25, 2018, and when Defendant B fails to perform the above obligation, the Plaintiff shall be reimbursed in installments for 12 months from January 25, 2018, and a certificate of monetary consumption and loan contract (No. 2169 of the G notary public’s joint office No. 2169 of the G notary public’s document) that recognizes that there is no objection even if compulsory execution is conducted.
(c)
Defendant C, following Defendant B on January 3, 2018, leased the instant real estate from January 3, 2018 to January 2, 2020, from January 3, 2018, as KRW 100,000,000, and KRW 7,000,000,00,000 (a value-added tax separate, prepaid) for the rental period.
(d)
On January 4, 2018, Defendant B entered into a contract for business transfer (hereinafter “instant contract for business transfer”) with Defendant C to transfer all the store and business facilities of the instant case and the management rights to Defendant C, and Defendant C entered into a contract for business transfer with Defendant C on the same day, and Defendant C entered into a food business operator’s status and business registration with the Dong-gu Office of Gwangju on the same day, and operated the instant main points from around that time to the expiration date of the lease agreement.
[Ground of recognition] Uncontentious facts, Gap evidence 3-2, Gap evidence 4, 6, Eul evidence 2-3, and Eul evidence 2-3, and the response of each fact about the above life group in the Dong-gu, Gwangju Metropolitan City, Dong-gu, Gwangju Metropolitan City, as a result of the response to the submission of documents to H Co., Ltd., the purport of the entire pleadings as a whole.
2. Defendant.