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(영문) 수원지방법원성남지원 2013.10.18 2012가합7409
채무부존재확인
Text

1. On July 12, 2012, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 350,000,000 and KRW 175,000 among them.

Reasons

1. Basic facts

A. From March 2010, the Defendant and C began to operate a golf product sales store with the trade name “D” as the same business from March 201, and thereafter, around July 2010, the Defendant, C and E began to operate the said D with the same business from around that time.

B. On September 1, 2010, C entered into a contract with F Co., Ltd. (hereinafter “F”) which is a Japanese golf equipment company for D business with the term of the contract from September 1, 2010 to August 31, 201, with the Korea monopoly sales contract for DV products, “G”, “H”, and “I” produced by F. On July 10, 2011, C entered into a domestic monopoly sales contract with HH products, which is a Japanese golf equipment company (hereinafter “J”).

C. Meanwhile, around July 201, as a result of a dispute over D’s operation and profit-sharing, etc., around October 1, 201, the Defendant, C, and E entered into a contract on the transfer and acquisition of D’s business rights (hereinafter “instant contract”) in the form of acquisition by transfer of D’s business rights by the Plaintiff under the title of the contract with the Plaintiff’s mother, who is sufficiently capable of securing the payment of KRW 350 million, as a result of the operation of D independently and agreed to pay KRW 350 million to the Defendant and E in return.

D (Representative: Defendant (hereinafter referred to as “transferor”) and Plaintiff (hereinafter referred to as “transferee”) shall conclude a contract for transfer or acquisition of business rights as follows:

§ 1. [Purpose of the Contract] The transferor shall transfer to the transferee the comprehensive business rights and all rights and obligations of D which he/she operates as his/her representative.

Article 2 [Definition of Business Right] The contents of Business Right to be transferred or taken over in the contract of this case are defined as follows:

1. All parts, including business licenses and inventories and air conditionings of the D permissible business establishment;

2. The place of business where D branch offices are located;

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