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(영문) 대전지방법원 2016.02.16 2015나6935

권리금 반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The gist of the Plaintiff’s argument regarding the cause of the claim was that the Plaintiff entered into a contract with the Defendant for acquisition of goodwill, and the Defendant did not accept to the Plaintiff materials, such as the current status, inventory, attempted attempt, etc. of the Jung-gu, Daejeon Metropolitan City, Dong, Simsan-gun, Simsan-gun, and Si/Gun business partners even after receiving the premium from the Plaintiff, and thus, the Plaintiff sought the return

The Plaintiff entered into a contract with the Defendant on August 29, 2012, under which the Plaintiff was unable to pay KRW 10,000,000 as the agent of the Plaintiff’s wife Gap’s 1, 3, 5, 6, 7, and Eul evidence Nos. 1, 2, 3, and 4 (hereinafter “E distribution”), and the Plaintiff paid KRW 30,000 as the agent of the Plaintiff’s wife’s wife’s sales rights (including inventory and attempted money) to KRW 10,00,00. The actual contractual party is not C; the Plaintiff paid KRW 10,00,00,000 to the Defendant on August 29, 2012; the Plaintiff paid KRW 10,00,000 to the Defendant as the agent; the Plaintiff received 00,000,000 from October 1, 201 to October 3, 2012, and the Plaintiff claimed that the outstanding amount was transferred to the Defendant.