영업양도대금반환 청구의 소
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
In fact, the plaintiff A is a child of theO, who succeeded to the deceased's property on November 10, 2013 by theO (hereinafter "O") as the wife, the plaintiff B, C, and D. A as the child of theO.
On November 25, 2008, while the Defendant operated the water-related leisure business in the name of “L” from Jeon-gun, U.S. G., the Defendant entered into a contract for the transfer of business (hereinafter “instant contract for the transfer of business”). On November 26, 2008, the Defendant entered into a lease agreement with the Deceased and the Plaintiff on behalf of the Deceased and the Plaintiff on behalf of the Defendant, setting the amount of KRW 160 million for the entire business of the instant case (hereinafter “instant contract for the transfer of business”). On November 26, 2008, on behalf of the Deceased and the Plaintiff, the Defendant entered into a contract for the transfer of business (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 12 million, KRW 12 million per annum, and KRW 12 million per annum, and the term of lease from November 2008 to November 1, 2010.
From November 25, 2008 to February 27, 2009, the Deceased paid the sum of KRW 148,000,000 as the proceeds of business takeover, and KRW 22,00,000 as the lease deposit and rent, and the unpaid lease deposit and the first year rent of KRW 2,00,000 (= KRW 12,00,000 - 22,000,000) to be borne by the Defendant for the payment of KRW 2,00,000,000 as the boiler construction cost of the above restaurant building on behalf of the Plaintiff A.
On December 4, 2008, the deceased registered the name of the representative as the deceased on December 4, 2008 with respect to the registration of the business of this case, such as the description of the claim of the counterclaim in accordance with the Water-Related Leisure Activities Act and the Water-Related Leisure Activities Act, and completed the registration of changing the number of sets for the above business on June 5, 2009 and June 25, 2009, and operated the instant business from June 25, 2009.
The parties Gap (Defendant, P) and Eul (the deceased and Plaintiff A) agree on the completion of the rental agreement for Qu’s restaurant as follows.
1. B is about A’s “ Qu cafeteria business.”