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(영문) 대구지방법원 2016.04.20 2015나6256
수수료
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 20, 2014, the Plaintiff entered into an agreement with Defendant C and the Plaintiff on July 20, 2014 with the effect that “business is the Plaintiff and is handed over to Defendant C. The completion of the business is the end of the Plaintiff’s role and the future is the Defendant C’s full responsibility, and the responsibility is also borne by Defendant C. In return for the business, Defendant C shall pay the Plaintiff KRW 0,000,000 to the Plaintiff. The Plaintiff shall prepare and keep a separate loan certificate for the payment date and other matters for the payment of KRW 15,000,000,000,000,000,000, which shall be paid to the Plaintiff for the business (hereinafter “instant agreement”).

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted as the Plaintiff are married couple and jointly run the “D” registered under Defendant B’s name.

On July 12, 2014, the Plaintiff agreed to receive fees of KRW 15,00,000 in return for the Defendants’ business activities with the Defendants until August 30, 2014.

B. The Defendants’ assertion 1) Defendant C was registered as a business operator in the name of Defendant B, and was engaged in wholesale and retail business, but did not jointly operate the LED name, and the fee arrangement is irrelevant to the said “D” and the Defendant B, under an agreement between the Plaintiff and the Defendant, with respect to the automobile parts assembly business regardless of the aforementioned LED name manufacturing and the discretionary processing business. (ii) Defendant C would have a good business item that can be more than KRW 3 to 40 million of monthly sales in relation to the automobile parts assembly from the Plaintiff. The business operation cost is required, and the business cost is required.

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