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1. The judgment of the first instance, including any claims added and reduced by the Plaintiff in this court, is as follows.
Reasons
1. This part of the basic facts is almost the same as the corresponding part of the judgment of the court of first instance, except for the part concerning deposit.
1) On December 16, 2010, C acquired the transfer price of KRW 335,000,000 from the Defendant to the Defendant’s “the acquisition price of the instant case” (hereinafter referred to as “the acquisition price of the instant case”).
) The Defendant agreed to pay the down payment of KRW 40,00,000 on the day of the contract, the intermediate payment of KRW 150,000,000 on the 20th of the same month, and the remainder of KRW 145,00,000 on the 31st of the same month (hereinafter “instant transfer payment”).
(2) The first part of Article 8 of the transfer agreement of this case provides that “The Defendant shall, in principle, not operate the same kind of trade name and the same kind of business during the execution of the contract within the same basic local government after the transfer, and in case of violation thereof, C may claim the Defendant for compensation for damages equivalent to the amount of the acquisition price of the shop for business start-up under Article 1.”
3) Meanwhile, on December 31, 2010, between the Plaintiff and the Defendant, the wife of C, and the E store via C (hereinafter “instant store”).
(C) The acquisition agreement between C and the Defendant was drafted again (hereinafter the above acquisition agreement between C and the Defendant, and the above acquisition agreement between the Plaintiff and the Defendant are collectively referred to as the “instant acquisition agreement.”
B. B. The Defendant: (a) requested F, an employee of the non-owned real estate company prior to the conclusion of the instant transfer agreement, to arrange for the transfer of the instant store; (b) sent the data describing the details of monthly sales and expenditure of the instant store from August 2010 to November 201 of the same year (hereinafter “instant sales data”); (b) C received the said data through G, who had worked in real estate such as F.
2. The sales data of this case.