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(영문) 서울북부지방법원 2020.03.18 2019가단138808
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 31,00,000 and the interest rate of KRW 12% per annum from October 15, 2019 to the date of full payment.

Reasons

In full view of the purport of the arguments in Gap evidence 1 through 3, 9 (including each number), Eul evidence 1 and 5, the defendant operated a store which produces and sells marina in the name of "D" from Jung-gu Seoul Metropolitan Government C and 1, and transferred on October 6, 2018 to E (hereinafter "the non-party") all rights such as the above store's facilities and goodwill at KRW 15,500,000 (hereinafter "the non-party"), and the defendant agreed not to operate marina business in the entirety of Fdong and to repay the premium amount to the plaintiff if it comes to this (hereinafter "the contract of this case"), the non-party decided not to operate the above store, and the non-party 1 and the non-party 2 decided not to display a new transferee to the plaintiff on October 27, 2018, and the non-party 1 and the non-party 2 transferred the right to claim for divorce at KRW 16,000,000 (the non-party 20,000).

The Plaintiff asserted that the Defendant was obligated to pay the amount of the premium to the Plaintiff, the transferee of the Nonparty, as the Plaintiff violated the instant contract by operating the instant store in Fdong. The Defendant asserted that the instant store was operated by G, and that it was not operated by the Defendant.

The whole purport of the pleadings shall be stated in the evidence Nos. 10 and 13.

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