beta
(영문) 수원지방법원 2017.06.30 2016가합81587

영업금지 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, on February 2015, posted a letter to the effect that he/she sold the instant refined points to the Internet Carbook (H) “G” in the trade name “F” in Suwon-si, Suwon-si E and 101, and that he/she agreed to transfer the instant refined points to the Plaintiff who visited the Plaintiff. On March 4, 2015, the Defendant concluded a contract with the following contents.

(hereinafter “instant contract”). The instant contract for transfer and takeover of rights

1. Location of indication of right: Title E, 101 in Suwon-si: F category of business: Periodical; and

2. Amount of rights (including facility costs): 35,000,000 won;

3.Article 1 of the terms of a contract for the transfer of rights shall pay to the transferor the above-mentioned amounts of the rights of movable and immovable property (including pre-paid and monthly rent) as follows:

-The down payment shall be paid and received at the time of the contract. - The remainder of KRW 30 million shall be paid in March 10, 2016.

Article 2 The transferor shall remove all the matters impeding the exercise of the right of lease and shall transfer all the facilities including all the facilities so that the transferee can conduct business immediately at the same time with the receipt of the balance.

§ 3. Charges such as the reversion of proceeds, taxes and public charges, etc. on the above movables (movables, wells, facilities and business rights) and immovable property shall belong to the transferor and to the transferee for any subsequent reasons until the preceding day as of the date of delivery of the above immovables.

[Matters of special agreement] - Goods existing in a store, goods for business use, and goods for business use - Co-operation with the competent office for business transfer procedures.

B. On March 17, 2016, the Plaintiff acquired the instant static Point and registered its business as “F” with its existing trade name, and operates the instant static Point up to the present day.

C. Meanwhile, around April 30, 2016, the Defendant opened and operates the Suwon-si Ho-si C shop with the trade name “D” in subparagraph 106 of the same Article.

[Reasons for Recognition] There is no dispute, and each number of Gap evidence 1 to 3 and 7.