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(영문) 대구지방법원포항지원 2020.02.20 2018가합11737
경업금지 등 청구의 소
Text

1. Defendant C:

(a) No business entity shall be engaged in secondary management business until January 31, 2023 in the area of one harbor;

(b).

Reasons

1. Basic facts

A. On February 15, 2017, the Plaintiff and Defendant C sold to the Plaintiff the G, a place of business that Defendant C engaged in the skin management business operated in North Korea-gu F at the port of port (hereinafter “first shop”) KRW 50,000,000, premium of KRW 350,000,000, in total, KRW 400,000,000, and the down payment of KRW 20,000,000 and the intermediate payment of KRW 130,00,000,000 on February 15, 2017, the Plaintiff and Defendant C transferred the right to payment of KRW 1,00,000,000, out of the remainder of KRW 250,000,000,000 until February 15, 2017 to the Plaintiff (hereinafter “instant contract”).

On February 15, 2017, the Plaintiff paid the sum of KRW 150,000,000 to Defendant C of the down payment and intermediate payment.

B. By July 17, 2017, the Plaintiff and Defendant C were unable to pay the remainder of KRW 45,000,000 out of the remainder of the remainder to Defendant C until July 17, 2017, and the Plaintiff and Defendant C paid KRW 350,000,000 as the transfer and takeover price in acquiring the first store from Defendant C, and confirmed that the Plaintiff paid KRW 195,00,00,000 by July 17, 2017.

2. Defendant C continued to operate the first shop by January 31, 2018, without having the name of business registration as it is, following the Plaintiff’s failure to pay the acquisition price in full, and the full proceeds therefrom are Defendant C. The Plaintiff is entitled to receive monthly wages of KRW 2,00,000, and monthly interest of KRW 1,000,000, total amount of KRW 3,000,000, when working for the first shop as an employee.

Under the above conditions, KRW 155,00,000, which was not paid by the Plaintiff while Defendant C operated, shall be deemed to have been paid from the Plaintiff as the remainder of the transfer price. On February 1, 2018, the Plaintiff paid KRW 50,000,000 to Defendant C for lease deposit paid by Defendant C. If the Plaintiff fails to pay the said KRW 50,000,000 to Defendant C, this case’s transfer and acquisition contract is terminated.

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