(영문) 서울서부지방법원 2014.11.27 2014가합31530

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(영문) 서울서부지방법원 2014.11.27 2014가합31530

손해배상(기)

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1. The Defendant’s KRW 58,239,200 as well as 5% per annum from March 18, 2014 to November 27, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Before entering into a contract, the Defendant is a person who operated D in Gwangjin-gu Seoul Special Metropolitan City three floors (hereinafter “instant store”).

The plaintiff (the previous name was E, but the name was changed on May 29, 2013) was introduced by the defendant through the person who was the director of F (the trade name was changed to G).

On April 18, 2013, the Plaintiff consulted with the Defendant on the amount of premium, guarantee of profit, etc. after the Plaintiff met with the above H manager.

B. On April 21, 2013, the Plaintiff entered into the instant acquisition agreement, the consignment operation agreement, and the lease agreement with the Defendant, and entered into a acquisition agreement under which the Defendant transferred the instant store’s goodwill to the Plaintiff, and the Plaintiff paid KRW 37 million to the Defendant in return for such transfer agreement (hereinafter “instant acquisition agreement”). On the same day, the Plaintiff paid the down payment of KRW 4,00,000 to the Defendant.

On April 25, 2013, the Plaintiff paid KRW 33,00,000 to the Defendant the remainder of the premium as above, and concluded an entrusted operation contract with the Defendant that the Defendant entrusted the instant store for six months and paid KRW 4,00,000 per month to the Plaintiff (hereinafter “instant entrusted operation contract”).

On the other hand, on April 21, 2013, the Plaintiff entered into a lease agreement with I, the owner of the instant store, to pay KRW 3.1 million, including the monthly rent, and the lease period from April 25, 2013 to April 24, 2015, but the Plaintiff paid KRW 624,80,000,00 for the down payment to I on the same day, while paying the remainder of KRW 45 million to I on April 25, 2013.

The main contents of the acquisition agreement of this case and the entrusted operation agreement are as follows.

[The acquisition agreement of this case] Article 4 of the contract is a contract for goodwill or premium, and the goodwill.

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