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(영문) 수원지방법원안양지원 2016.06.02 2015가단20665
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. During the period of Ansan-si, the Defendant operated the steel store with the trade name “D” in the Gu C and 1st, and transferred the business rights of the said steel store to the Plaintiff around October 2014 (hereinafter “instant business rights transfer”). The Plaintiff paid KRW 20 million to the Defendant as premium at that time.

B. In relation to the transfer of the instant goodwill, the Defendant agreed with the Plaintiff as KRW 30 million, and asserted that the Plaintiff did not pay KRW 10 million among them, the Defendant filed a suit for the premium claim pursuant to the Suwon District Court Ansan Branch Decision 2015 Ghana24623, and the said court rendered a recommendation of execution on August 17, 2015 to the effect that “the Plaintiff would pay to the Defendant KRW 10 million and damages for delay from the next day of the delivery of a copy of the complaint,” and around that time, the said decision of performance recommendation became final and conclusive.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that, at the time of the transfer of the instant goodwill, the Plaintiff agreed with the Defendant to pay the said goodwill amounting to KRW 20 million, and then the said goodwill was fully paid, compulsory execution based on the decision on performance recommendation should be denied.

3. We examine the key money agreed upon between the Plaintiff and the Defendant at the time of transferring the instant goodwill.

Comprehensively taking account of the overall purport of the argument in the statement No. 3, the Plaintiff’s mother divided the talk about the premium following the transfer of the instant goodwill between the Defendant and the Defendant on November 26, 2015, and discussed to the effect that “it was a defect of KRW 2,00,000,000,000,000,000 to be changed by the Defendant,” and the Plaintiff’s mother on November 26, 2015 to E, who is the Defendant’s child, “2,00,000 won, and 6,000,000,000,000 won.”

(h) the match 30 million won should not be left if the match intends to obtain 30 million won;

Along with each other's expert opinion, I am special.

It was discussed to the effect that it is 30 million won or more even with 6 million won or more.

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