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1. The Defendants jointly share KRW 180,000,000 and interest rate of KRW 15% per annum from December 2, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The parties 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)
) Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant C
(2) The representative director of Defendant C is the actual operator of Defendant B’s children E in-house director E.
B. 1) On July 31, 2014, the Plaintiff entered into a contract for the transfer and acquisition of a business entity, etc. (i.e., the Plaintiff, from Defendant B, H stores within the G resting area located in the F of the Dong-si, Gyeonggi-do (hereinafter “instant
(2) In the event that the Plaintiff’s right to operate the store of this case is not operated for at least three years from the date of transfer of the right to operate the store of this case, the Plaintiff’s special agreement that Defendant B compensates the Plaintiff for certain damages (hereinafter “instant special agreement”) is concluded, as follows: (a) the Plaintiff’s right to operate the store of this case is transferred; and (b) the Plaintiff’s right to operate the store of this case is not operated for three years (hereinafter “instant agreement”).
On August 15, 2014, the Plaintiff and Defendant B certified the instant contract for the transfer of a business entity by a notary public as the Ministry of Justice No. 4289, such as the Ihap Law Office, etc. At present, Defendant B and J Co., Ltd (hereinafter “J”) as the transferor.
) In the state of operating H (G resting points) under a transaction agreement (38%-38.5%) between parties, the transferor will guarantee the transferee to the transferee with respect to the operating rights for three years from the date on which the transferor entered into a transfer contract with the Plaintiff and the said company and run by the transferee.
The assignee shall guarantee the assignee the three-year operating period to the assignee, and if the assignee is ordered from J at the time the three-year period has not elapsed, the assignee shall deduct from the acquisition price the amount calculated by deducting 10 million won per day from the acquisition price, and the amount obtained by multiplying the remaining one million won per day for the three-year period, by the number of business days calculated on the date of the three-year period.