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(영문) 인천지방법원 부천지원 2018.11.07 2017가합102258
경업금지 및 손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic fact - Omitted- With respect to the above real estate, the transferor and transferee of the right shall enter into a contract for the acquisition of the right as follows by agreement:

Total premium: The extent of transfer (such as a facility) - All facilities such as fixtures and fixtures in the above goods (large seven, material seven) - The transferor specified in the special agreement shall deliver the above real estate to the transferee by the day before the commencement of the lease contract, and the transferor shall remove all matters impeding the exercise of the right of lease and deliver all facilities and goodwill to the transferee for the immediate operation of the transferee at the same time as the receipt of any balance.

except as otherwise provided in the agreement.

Article 3 (Reversion of Profits and Taxes) The ownership of profits and taxes and public charges, etc. generated with respect to the above real estate shall be reverted to the transferor until the date of delivery of the said real estate until the time of their transfer, respectively.

Provided, That the liability for payment and payment of local taxes shall be governed by the provisions of the Local Tax Act.

- On August 5, 2016, the Plaintiff and the Defendant entered into a contract for acquisition or transfer of rights with respect to “G” (hereinafter referred to as “instant party headquarters”) with respect to which the Defendant leased and operated Bupyeong-si D, E, and F, Seocheon-si (hereinafter referred to as “the instant party headquarters”).

(hereinafter “instant contract”). The Plaintiff paid KRW 200 million to the Defendant pursuant to the instant contract, and registered the instant billiard on August 11, 2016.

On May 1, 2017, the Defendant opened an international ceremony hall (hereinafter referred to as “J party hall”) with the name of the “J” in Seocheon-si, Seocheon-gu, Seocheon-si, H and I, and run the party hall business.

[Reasons for Recognition: In the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, and the purport of the whole pleadings] The plaintiff defendant's assertion is the business transfer contract of this case.

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