logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.07.13 2017가합1884
손해배상(기)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 400,739,726 and the interest rate thereon from October 21, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On October 11, 2014, the Plaintiff entered into a contract with the Defendants to take over all the business of the E in Seo-gu, Gwangju (hereinafter “instant marina”) from the Defendants and to pay the Defendants a sum of KRW 100,000,000 in total under the name of the premium and the price of goods (hereinafter “instant business transfer contract”).

B. Of the matters stipulated in the special agreement on the transfer of the business of this case, the contents of this case are as follows.

Matters of special agreement

3. Deposit for a building lease contract: 10 million won.

(zb) Monthly rent of 1.3 million won (guarantee of contract term);

4. Commodity price: 30 million won (general type and quantity maintenance condition of goods);

5. Premiums: 70 million won.

(a) all equipment necessary for operations;

B. Roto sales right: The current transferor is responsible for the right to succeed to Rototo ( monthly rent of KRW 300,000 and tax separate) by the remaining payment date.

(c) Delivery right of the F agency: Guarantee of maximum 40 million won monthly sales (where the transferee has faithfully performed such duty);

(d) The right to use G underground warehouses: Subsequent consultations.

7. Guaranteeing a monthly net profit of at least 2 million won (Sales - purchase amount - personnel expenses - monthly rent - electricity tax - inventory of other auxiliary expenses) 14. If the assignee and transferor faithfully perform the above matters, even one of the above matters shall be reimbursed 100 times the amount of damages in the event of the breach as well as the civil and criminal liability at the time of the breach, and in the case of Appendix 12, the remainder shall be reimbursed within the legal coverage between the two parties for the special agreement.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. As seen earlier, the Defendants agreed to guarantee the Plaintiff’s net profit of KRW 8,00,00,000 per month through Paragraph (7) of the Special Agreement on Business Transfer through Paragraph (7) of this case, and comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 through 4, the Plaintiff operated the instant marina for 33 months from November 1, 2014 to July 31, 2017.

arrow