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(영문) 춘천지방법원 2016.07.21 2015가단53592
손해배상(기)
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. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 3, Gap evidence No. 18-1, and Eul evidence No. 3-1, and there is no counter-proof.

On November 2014, the Plaintiff, upon introduction by Defendant C, intended to acquire from Defendant B the business of “E” (hereinafter “E”) operated by Defendant B in Chuncheon City D from Defendant B to KRW 50,000,000.

B. On November 24, 2014, the Plaintiff paid KRW 5,000,000 to Defendant B, KRW 5,000,000 on November 26, 201 of the same year, and KRW 40,000,00 on December 12, 201 of the same year, respectively, and entered into a contract with Defendant B to acquire the business of Defendant B (hereinafter “instant contract for business takeover”).

2. The Plaintiff’s assertion was that Defendant C introduced Defendant C and the Plaintiff and Defendant B deceptioned the Plaintiff in concluding the instant contract for the transfer of business. As such, the Defendants jointly and severally are liable to pay the Plaintiff the amount of KRW 50,000,000 paid by the Plaintiff under the instant contract for the transfer of business due to tort, and damages for delay.

E refers to KRW 80,00,000 for premium and facility construction cost, but only one ton of click and signboard exclusive output machine can be used without any trouble, so that premium is high for KRW 80,000,000, and Defendant C would have to take over KRW 50,000 for flocks, while E would have to take over KRW 30,00,000 for clocks, and E would have to take over approximately 30,000,000.

B. Upon accepting E, technical capabilities, business transaction offices, and contractual relationships are taken over, and the business transaction offices did not take over the orders requested by Defendant B after the conclusion of the instant business takeover agreement, and thereafter, did not transfer the orders requested by Defendant B to the Plaintiff, and the technical force was found to be one ton click operation and computer.

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