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(영문) 서울중앙지방법원 2018.05.02 2018나1895
용역비
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff, a company whose purpose is the business acquisition and merger consulting business, etc., was to request the Defendant A to transfer business rights to the leased object, which operated the “D store” by leasing “Seoul Guro-gu Seoul Building No. 101102,” and introduced the Defendant B to operate a rice station in the leased object.

B. On November 26, 2015, the Plaintiff and the Defendants concluded a contract for requesting the transfer of a business entity, “contract for the transfer of a business entity,” “performance fee agreement,” and “payment confirmation agreement for the transfer of a business entity.” Of them, matters relating to the instant case are as follows.

The term "contract for Business Transfer and Acquisition Request" is a goodwill contract, and it is recognized that the goodwill is a tangible and intangible asset.

The “A”: The Plaintiff, the “B”, and the “A”: Defendant A, and the “B”: The object of the lease at issue was entrusted by the “B” and the “B” with the acquisition, transfer, and business start-up consulting; and the “A” and the “B” directly confirmed the following matters according to the mutual free will and smooth agreement.

- - The following:

2. In the event this consulting service contract is terminated without the intention or negligence of “A”, the consulting service cost received by “B” and “B” are not returned to “B” or “B”. In addition, even in the case where “B” and “B” fail to perform their duty under the contract for transfer and takeover of an enterprise, and thus the procedure for transfer and takeover of an enterprise is delayed or not performed, the full amount of the consulting service cost to be paid to “B” and “B” must be paid to “A”. 3) Of the process of the process of the transfer and takeover of the enterprise, the relevant work in relation to the lease contract is handled at the cooperative real estate agent office designated by “B” and “B”.

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