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(영문) 서울중앙지방법원 2016.12.20 2016가합509391
양수금
Text

1. Defendants are jointly and severally liable to Plaintiff A for KRW 120,000,000 and KRW 70,000,000 among them.

Reasons

1. Basic facts

A. Plaintiff A’s restaurant business takeover agreement 1) Plaintiff A’s restaurant is the first restaurant in the name of “G” on the first floor of the Seocho-gu Seoul Metropolitan Government F building underground.

(2) On March 2, 2015, Defendant D transferred all the rights, such as the right to lease and the right to operate the instant restaurant, to Defendant D on March 2, 2015 (hereinafter “instant first acquisition agreement”).

2) On the same day, the Defendants prepared and issued a confirmation document to the effect that Defendant D is a contractor, Defendant A is an agent and a joint surety, and Defendant A is the Plaintiff B, the father of the Plaintiff’s father of the Plaintiff, the amount of KRW 22,000,000,000 for the first acquisition agreement of this case excluding the amount agreed upon as the lease deposit corresponding to Nonparty H’s equity and the amount for the first restaurant business expenses of this case , and the amount payable in addition to the interest calculated at the rate of KRW 1% per month for the unpaid amount . 2) on March 16, 2015. The Defendants made and issued a confirmation document to the effect that the Defendants would pay the unpaid amount by adding the interest calculated at the rate of KRW 10,000 per annum to the Plaintiff B, and the interest rate of KRW 22,00,000 per annum 24% per annum, and the store deposit amount is KRW 100,000,000,00 for the remainder of the loan No. 31.

B. Plaintiff B lent KRW 20 million in total to Defendant E, including KRW 10 million on February 4, 2015, KRW 17,000 on February 17, 2015, and KRW 20 million on February 17, 2015.

C. Plaintiff C also operated a restaurant (hereinafter “instant secondary restaurant”) with the trade name “JC” and “K cafeteria” on the 14th floor of the Seocho-gu Seoul International Building 14, and on May 15, 2015, Plaintiff C transferred all rights, such as the right to lease and the right to operate the instant secondary restaurant, to Defendant E at KRW 170 million.

b.0.0 c.

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