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(영문) 서울북부지방법원 2016.04.07 2015가합21282

청구에 관한 이의의 소

Text

1. Certificate No. 722 dated 19, 2013, dated June 19, 2013 by the Defendant’s notary public against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and D (hereinafter referred to as the “Plaintiff, etc.”) entered into an agency contract with Hyundai Motor Corporation in the name of the Plaintiff, and have been jointly operated by Hyundai Motor F Agency in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “instant agency”) since October 2001.

B. On April 11, 2011, the Plaintiff, etc. and the Defendant entered into a transfer/acquisition agreement with respect to the instant agency on the first-lane basis, and concluded a transfer/acquisition agreement again on July 11, 201 (hereinafter “instant transfer/acquisition agreement”) on July 201 by embodying the said contract, the Plaintiff, etc. attached the payment angle in the name of the Plaintiff, etc. and the written statement of payment in the name of the Defendant, each promising to pay KRW 300 million as agreed upon under Articles 4 and 5 of the instant transfer/acquisition agreement.

The main contents of the transfer and acquisition contract of this case are as follows.

① The Defendant takes over the Plaintiff’s place of business and the name of the business operator on August 1, 201, and the name of the harsh business operator takes place when changing the name of the Defendant’s name, the Defendant operates the place of business under the Plaintiff’s name, and the Plaintiff, etc. does not participate in the Defendant

The defendant shall pay rent of 55 million won to the plaintiff et al., and the premium of 13 million won at the time of start-up business shall be paid in monthly installments after consultation with the plaintiff et al. in consideration of the defendant's circumstances. If the difference between the rent and the right interest occurs, the plaintiff et al. shall pay the difference to the defendant, and if the plaintiff et al. fails to pay

③ Although the Defendant provides rent, premium, and security, the Plaintiff, etc. may not recover security from the modern automatic vehicle before the change of the name of the business, and after the change of name is made, the Plaintiff, etc.’s opinion.

(4)

8. 1. After the Defendant’s operation of the place of business, the Plaintiff must actively cooperate in the business of Hyundai Motor Meeting, etc. before the change of name, and the Defendant’s operation of the business office due to the Plaintiff’s non-cooperation.