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(영문) 서울중앙지방법원 2017.11.15 2015가단47325
권리금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s acquisition, operation, and transfer of the instant store 1) Defendant B, from May 2013 to May 1, 2013, called “D” on the first floor of the building located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant store”).

(1) Defendant Doz Co., Ltd. (hereinafter “Defendant Company”), a consulting company for the transfer and acquisition of a business entity on September 2014, 2014.

(2) On September 27, 2014, the Plaintiff introduced the instant store from an employee affiliated with the Defendant Company, and visited the instant store and received the sales details (No. 1-1-13) from May 2013 of the instant store from Defendant B, and through the Defendant Company, submitted a business start-up report (No. 2-2) stating that the monthly sales of the instant store amounting to KRW 10.5 million and the expected monthly sales amounting to KRW 3.21 million.

3) On September 30, 2014, the Plaintiff entered into a contract for acquisition or transfer of a business entity with Defendant B with the content that the business right, value right, know-how, facility cost, etc. related to the instant store should be evaluated as KRW 80 million and transferred (hereinafter “instant premium contract”).

(2) On October 20, 2014, Defendant B concluded a contract for the acquisition of the right to lease of the instant store (hereinafter “the instant lease”) with Defendant B, a lessor of the instant store, on the same day, to pay KRW 8 million, the intermediate payment of KRW 30 million on October 13, 2014, the remainder of KRW 42 million on October 20, 2014, and the Plaintiff paid KRW 2.9 million to the Defendant Company on October 20, 2014. In addition, on October 20, 2014, the Plaintiff entered into the lease agreement with the Plaintiff, a local slope, the lessor of Defendant B and the instant store of this case, to acquire the right to lease of the instant store (hereinafter “the instant lease”). According to the said lease, the lessee paid KRW 1890,000,000,000,000 for each month to the lessor.

5 On October 20, 2014, the Plaintiff received delivery of the instant store from Defendant B and received approximately KRW 5 million per month.

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