(영문) 청주지방법원충주지원 2019.05.15 2018가단21787

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(영문) 청주지방법원충주지원 2019.05.15 2018가단21787

권리금반환청구 등의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around December 2017, the Plaintiff: (a) entered into an agreement with the Defendant to transfer “D” (hereinafter “instant store”) from the Defendant to the Defendant, which is located on the following scale: (b) KRW 25 million; (c) the Plaintiff shall pay to the lessor of the instant store KRW 4 million; and (d) the Plaintiff shall pay KRW 2.5 million, including the value of feed necessary for the operation of the instant shop (hereinafter “instant agreement”); and (e) the Plaintiff paid KRW 9 million to the Defendant KRW 9 million on January 15, 2018; and (e) KRW 9 million on January 16, 2018; and KRW 9 million on January 17, 2018; KRW 9 million on January 17, 2018; KRW 2.5 million on September 25, 2018; and (e) KRW 2.5 million on September 25, 2018.

B. On January 2018, the Plaintiff registered his/her business with the trade name “E” and prepared for two months, and began to conduct a field-to-door business in full-time from March 2018 at the instant store.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion was explained by the Defendant that sales amounting to approximately KRW 80,000,000 have been paid to the Defendant during the year 2017, and concluded the instant contract, and thereafter, paid KRW 25,00,000 for the premium under the instant contract to the Defendant. However, according to the Defendant’s statement in the value-added tax return submitted by the Defendant, the actual sales amount of the instant store was approximately KRW 8,00,000 for the year 2017.

As such, the Defendant deceiving the Plaintiff that the sales amount of the instant store was approximately KRW 80 million and caused the Plaintiff to take over the instant store by deceiving the Plaintiff, thereby causing KRW 24,206,000 (i.e., premium of KRW 25,000,000 - KRW 344,000 from the proceeds of the purchase of the goods - KRW 450,000 from the proceeds of other goods).

Therefore, the defendant committed a tort against the plaintiff.

유사 판례

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