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(영문) 서울동부지방법원 2017.02.09 2015가단125716
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) the facts of the basis;

A. On April 30, 2014, the Plaintiff and the Defendant concluded a contract with the Plaintiff, setting forth that the Defendant will transfer to the Plaintiff all facilities and goodwill related to the D Reading Room located in the second floor of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”) KRW 180,000 for premiums (30,000,000 for the contract day, and KRW 150,000,000 for the contract day) on May 20, 2014.

(hereinafter “instant contract”). (b)

The following are stated in the terms of the contract of this case:

(Entry as it is). The Parties confirm the state of the goods on the land and specify the terms of the contract.

In calculating the premium, the full-time registrant is excluded from the calculation of the premium.* The full-time purchaser shall confirm all the matters of the reading room and specify the contract.

The amount of the transferor's cupphone issuance ticket is included in the calculation of premium, and the transferor is a new replacement cycle for the Internet office computer with 119 persons at present.

C. On April 30, 2014, the Plaintiff paid to the Defendant KRW 150,000,000, and KRW 150,000,000 on May 23, 2014, respectively, and concluded a lease agreement that changes the lessee’s name from the Defendant to the Plaintiff on May 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 3-1-2, and the purport of the whole pleadings.

2. In the event that the Defendant transferred the right to the reading room of this case, the Plaintiff intentionally manipulates the program of the reading room as if it were good to sell the reading room of this case by intentionally manipulating the program of the reading room as if it had been good to sell the reading room of this case, or by falsely cutting the number of the users of the reading room of this case.

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