(영문) 광주지방법원목포지원 2019.05.22 2018가단53482

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(영문) 광주지방법원목포지원 2019.05.22 2018가단53482

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 24, 2017, the Plaintiff entered into a contract for transfer and takeover of rights (hereinafter “instant contract”) with Defendant C, who represented by Defendant C, to acquire the F points located in Jeonnam-gun, Chungcheongnam-do, and the first floor E (hereinafter “instant store”) at KRW 48,50,000,000 (including facility costs). At that time, the Plaintiff paid 48,50,000 won to the Defendants.

B. The terms and conditions of the instant contract stipulate that “All the terms and conditions of the instant contract shall be delegated and dealt with by B’s agent(s) in its business registration, and C shall be held liable for all civil and criminal matters when any problem arises with respect to the terms and conditions of the contract.” Paragraph (3) of the said special agreement provides that “The customer data and business activities related to business/sale shall be entirely succeeded to the assignee, such as the terms and conditions of the contract, and shall be held liable for civil and criminal liability in the event of any business loss or loss related thereto.”

(hereinafter referred to as "matters of the special agreement of this case"). 【No dispute exists concerning the matters of the special agreement of this case', Gap evidence No. 1, and the purport of the whole pleadings.

2. Determination

A. The Plaintiff asserted that the Plaintiff entered into the contract of this case with Defendant C with the right amount of KRW 48.5 million after hearing the customers and the horses corresponding to the sales of the instant store (the method of selling them by means of delivery to schools, organizations, etc.) from Defendant C, and entered into the contract of this case with the right amount of KRW 48.5 million.

However, since there are two or more special business partners who succeeded to the Plaintiff, if there are two or more special business partners, the Plaintiff did not conclude the instant contract or at least did not conclude the contract with the said amount of rights.

In addition, after the conclusion of the instant contract, Defendant C supplied goods to the G University, one of the unique business partners, through a separate store operated by the Defendants.

This is against the plaintiff.

유사 판례

-서울중앙지방법원 2018.11.07 2016가합557000

-서울동부지방법원 2018.03.23 2017가합108507

-부산지방법원 2017.03.31 2015가단68214

-서울중앙지방법원 2015.09.17 2014가합543533

-의정부지방법원 2019.01.18 2018가단122274