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(영문) 수원지방법원 2015.07.02 2014가단524274

양수금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendants operated a restaurant that prepares and sells the windows, regrouts, etc. in the name of “G” in the building of 102 of the F1st floor in the eternic City F (hereinafter “instant restaurant”).

B. On July 18, 2014, the Plaintiffs prepared a provisional contract (Evidence A 1) stating the following details, following: (a) negotiations were conducted to acquire all assets related to the business, such as facilities (including claims for return of lease deposit), equipment, house fixtures, and goodwill of the instant restaurant; and (b) negotiations were conducted to acquire all assets related to the business, such as the instant restaurant’s facilities (including claims for return of lease deposit), equipment, house fixtures, and goodwill.

If the Plaintiff deposits KRW 40 million out of the total sum of KRW 20 million and KRW 35 million for the restaurant of this case, the contract is concluded if the Plaintiff deposits KRW 45 million.

The detailed principal contract shall be determined later.

No KRW 10 million shall be returned.

C. On July 18, 2014, the Plaintiffs paid KRW 40 million to the Defendants for business takeover in accordance with the above provisional contract.

The plaintiffs above C.

In paying the amount under paragraph (1), the remaining 15 million won of the balance of the transfer of business between August 2014 and the Defendants shall be paid in installments in 5 million won each month from August 3, 2014, and the Defendants shall first transfer the restaurant business of this case to the Plaintiffs before the remainder payment is made so that the Plaintiffs may pay the remainder by operating the restaurant of this case. However, until the remainder payment is completed, the Defendant’s credit card sales of the restaurant of this case can be deposited into the pre-paid card sales account (the new bank, H, deposit owner Defendant E, hereinafter “instant account”) with the Defendants’ pre-paid card sales account (the new bank, H, deposit owner, Defendant E, hereinafter “instant account”). The name of the card terminal, the name of the business registration of the restaurant of this case, the lessee under the lease agreement, etc. shall be maintained in the name of the Defendants, and the change of the name shall be completed after the mutual settlement of all expenses, including the remainder, etc. from the income after three months.