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(영문) 창원지방법원통영지원 2017.08.24 2016가합11314
영업양도대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) C are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. From November 22, 2006, Defendant B operated a restaurant that sells G cafeterias and Kimchis (hereinafter “G cafeteria”) with the trade name “G cafeterias” from Lamba City F from November 22, 2006. The operator of G cafeteria changed from Defendant B to Defendant C, his mother on March 6, 2009.

B. On May 9, 201, the Plaintiff (former: H) acquired the business of a G restaurant on May 9, 201, and intended to take over and use all the facilities, including all office fixtures and fixtures, within the G restaurant as they are.

(hereinafter “instant transfer of business”). C.

The Plaintiff and the Defendants did not specify the time of payment by setting the amount of KRW 130 million for the business transfer of this case.

After that, the Plaintiff paid to Defendant B the amount of KRW 88.5 million out of the transfer price of the instant business, and paid KRW 20 million to I, a lessor of the G cafeteria.

The Defendants were paid KRW 20 million by the said I. D.

On October 20, 2011, the Plaintiff changed the trade name of the G cafeteria to “J cafeteria”; on May 14, 2012, “G cafeteria”; on August 12, 2013, “K cafeteria”; on October 15, 2014, “G cafeteria”; on September 21, 2015, the Plaintiff changed the trade name and me New cafeteria to “L cafeteria”; and thereafter, thereafter, the Plaintiff operates a restaurant business that sells the net world in the trade name of “L cafeteria.”

E. Defendant B opened a restaurant with the trade name of “E” in G cafeteria at a 200-meter distance from 200 meters away from G cafeteria around September 2014, and operates the cafeteria up to now (hereinafter “E cafeteria”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 5, Eul's evidence 4 and 10 (including a serial number), defendant C's personal examination result, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion 1) The main claim is that the plaintiff takes over the business of the G cafeteria from the defendants, and the defendant B also takes over the business of the G cafeteria.

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