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(영문) 춘천지방법원 원주지원 2017.02.09 2016가단32994

양수금

Text

1. The plaintiff's main claim is dismissed.

2. The defendant,

(a) Alcoholic beverages and liquors from the prime City to May 31, 2025.

Reasons

1. Basic facts

A. The Defendant is a restaurant that is a franchise store in the company that engages in franchise business under the trade name of “G” on the first floor of the building located in the original city in the original city.

A person who has operated a general restaurant in the trade name of "."

B. Around May 2015, the Defendant and the Plaintiff agreed to transfer the “F Point” business to the Plaintiff, and the Plaintiff paid KRW 13,000,000 to the Defendant as the down payment on May 28, 2015, and thereafter, the Plaintiff operated a general restaurant business upon delivery of the “F Point” from June 1, 2015.

C. On July 1, 2015, the Defendant and the Plaintiff drafted a business transfer and takeover contract with respect to “F store”.

(hereinafter referred to as “instant transfer and takeover contract”. D. A business transfer and takeover contract between the Defendant and the Plaintiff (hereinafter referred to as “instant transfer and takeover contract”).

The main contents of the contract for transfer and takeover of business made on July 1, 2015 are as follows:

In regard to the transfer and acquisition by the plaintiff of all rights and duties concerning the business of the company operated by the defendant, the contract shall be entered into as follows:

Article 1 (Purpose) This Agreement takes over the rights and obligations concerning the business of the company operated by the defendant by the plaintiff.

Article 2 (Succession to Business), as of the date of business transfer and acquisition, the defendant shall acquire all transaction goods of the Bank of Korea, which are in transactions, and guarantee continuous sales, and shall take over under the responsibility of the plaintiff.

Article 3 (Transfer, Acquisition, and Record Date) The Plaintiff is subject to acquisition on June 30, 2015 based on the unpaid balance of fixed assets held by the Defendant as of the same date of transfer or acquisition.

Article 4 (Transfer and Acquisition Value) The value of transfer and acquisition shall be 7,715,645 won in total, plus premium of 58,647,91 won in the detailed statement of tangible and remaining depreciation expenses on the defendant's account books as of the date of transfer and acquisition, and 136,363,636 won in positive value and value of 143,636,364 won in addition to value of pride and tax invoice shall arise for the defendant to the plaintiff.

(hereinafter referred to as "not being omitted").