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(영문) 춘천지방법원 2014.10.15 2013가단7137
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C is KRW 20,000,000 and 5% per annum from June 15, 2013 to October 15, 2014.

Reasons

1. The following facts may be found either in dispute between the parties or in relation to Gap evidence Nos. 1, 2, 2, 2, 10, 11, 12, 13, 18, 19, 20, 21, 3-1, 2, 3, 4-1, 4-2, 4, 5, 6, 7, 9, 10, 8-1, 2, and 8-1, 3, and 8-1, 8-1, 2, and 5-2, 1-2, 4, 6, 7, 9, 10, 8-2, and 8-1, 3 of the evidence Nos. G witness's testimony.

Defendant B was engaged in the business of cooking and selling food, such as the Oral Ambane shots and the Oral Ambane shots, in the name of “I,” from the first floor of the H in Chuncheon-si.

B. On October 1, 2010, Defendant B transferred the “I” restaurant business to J in KRW 140,000,000.

C. On March 19, 2012, the Plaintiff acquired the restaurant “I” from J in KRW 140,000,000.

At the time of the transfer of Defendant B’s restaurant, Defendant B, one of Defendant B and his wife, planned to open a nationwide franchise store (i.e., chain store) and to engage in the business of distributing Oral System Processing meat from March 13, 2012. From March 13, 2012, Defendant C, who was the wife of Defendant B, tried to open a restaurant with the trade name of “M” from the 1st floor of the building located in Chuncheon (Sacheon L: Chuncheon L) to the name of “M” at the 1st floor of the building located in Switzerland, and to enter the Defendant B’s phone number at the Ma New Market for the purpose of soliciting chain stores.

The Plaintiff succeeded to the lessee’s status while taking over the restaurant “I” in sequence from Defendant B and J, and operated the said restaurant by taking over the trade name, major merap, main merap, Lesp, and all facilities used by Defendant B, and maintaining its identity without any fundamental changes.

E. On July 20, 201, Defendant B and C opened the business of the Defendants, and commenced the business by opening the “O” in the name of Defendant C, Chuncheon City N, in the name of Defendant C.

(2) Defendant D shall be from September 24, 2012 to October 2012.

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