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(영문) 전주지방법원 2016.09.28 2013가합7393
전화가입권자 명의변경절차이행
Text

1. As to each telephone license listed in the separate sheet:

A. Defendant (Counterclaim Plaintiff) B is the Defendant C on June 1, 2012.

Reasons

Facts of recognition

A principal lawsuit and a counterclaim shall be deemed simultaneously.

A. From October 2008, Defendant B, her husband, and his stores located in Seojin-gu, Seoul Special Metropolitan City (hereinafter “instant restaurants”) have been running delivery restaurant business in the name of “FG” in the name of “FG”.

B. Defendant B used the instant restaurant as an office, together with the chain business of “FG” and the food materials distribution business. Defendant B installed a warehouse on the side of the instant restaurant and stored food materials by installing air conditioners, etc.

C. From the second half of 2010, Defendant C was an employee of Defendant B, and was in charge of explaining and educating the contents of the contract at the time of entering into a franchise agreement while managing the overall operation of the instant restaurant and chain business.

Defendant C acquired the instant restaurant in KRW 30 million from Defendant B and D on June 2012.

E. On November 15, 2012, Defendant C leased the instant restaurant from H, the co-owner of the instant restaurant building, to November 14, 2014, by setting the lease period as KRW 5 million (24 months), KRW 5 million deposit, and monthly rent as KRW 750,000.

F. On June 1, 2013, the Plaintiff acquired from Defendant C all the office and telephone lines (i.e., I, J, K, hereinafter collectively referred to as “instant telephone number,” and L) and other business rights necessary for the instant restaurant business from Defendant C at KRW 50 million.

G. The Plaintiff, C, and H decided to change the lessee of the instant restaurant to the Plaintiff, and the lessee as the Plaintiff, and the remaining conditions are E.

The lease contract, such as port lease contract, was re-established.

H. The Plaintiff used the instant telephone number while operating the instant restaurant, and paid the instant telephone number from June 2013.

(i) On June 1, 2013, the Plaintiff registered its business with the trade name “M” in the instant restaurant, and was supplied with food materials necessary for the instant restaurant by Defendant B.

(j) The Plaintiff is N from June 2013 to June 201.

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