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(영문) 서울중앙지방법원 2014.11.19 2013가합561831

손해배상(기)

Text

1. As to Defendant B and D’s KRW 390,00,000 among each Plaintiff and KRW 20,000,000 among them, Defendant B and D shall be from September 27, 2012 to 36,000.

Reasons

1. Basic facts

A. On April 22, 2010, Defendant B entered into a franchise agreement with Defendant Carpete Co., Ltd. (hereinafter “Defendant carpete”) and operated the Kabbee F (hereinafter “instant store”) in the name of Defendant D from June 9, 2010 to June 1, 2010.

B. On September 25, 2012, the Plaintiff: (a) requested the IM business start-up, which is engaged in brokerage related to business start-ups, to mediate the Kapete shop, which is a coffee specialty; and (b) on September 26, 2012, the person in charge of the IM start-up business introduced the instant store to the Plaintiff.

C. On September 27, 2012, the Plaintiff entered into a contract with Defendant B, the agent of Defendant D, to acquire the sales right and premium of the instant store, with the following content:

(hereinafter “instant contract”). Article 1 transferee of the instant contract for the transfer and acquisition of a business entity shall pay the transferor the business right to the instant store as follows:

The remainder of the down payment of the down payment of KRW 56,00,000 in the intermediate payment of KRW 167,000 on September 27, 2012 and KRW 390,000,000 on the total operating premium of KRW 167,000 on November 19, 2012 is a contract for business rights or premium of KRW 390,000 on the total operating premium of KRW 167,00,00 on November 19, 2012, except for the deposit, and the goodwill is a contract for business facilities or premium of KRW 4. The goodwill is a contract for transferring intangible property value, such as tangible or intangible things such as equipment, transaction parties, credit, customer security, business know-how, and business interest in accordance with the location of the store.

Article 18 is aware that the transferee has judged the value of the store according to the start-up and that there may be changes in the acquisition and sale of the employee due to the change of store owners in the future.

This contract is entered into by the decision of the transferee, so there is no civil or criminal objection against the transferor and IMD business start-up corporation on all matters concerning sales and store operations later.

The Plaintiff, to Defendant D on September 27, 2012, KRW 20 million, the remainder of the down payment on September 28, 2012, KRW 36 million, and October 15, 2012.