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The defendant and C entered into a contract on October 30, 2018 with regard to the reverse store business of the 1st Eth floor in Gwangjin-gu, Seoul.
Reasons
1. Basic facts
A. On June 8, 2014, the Plaintiff paid KRW 35 million to C for the lease deposit to return the lease deposit to C, and it was impossible for C to receive the lease deposit due to the expiration of the lease term, even though the lease term expires after the Plaintiff paid KRW 35 million to C for the lease deposit, the Plaintiff transferred the said apartment to C on December 26, 2017 upon receipt of an order to register the lease right with respect to the instant apartment.
2) On February 21, 2018, the Plaintiff filed an application with the Daejeon District Court for a payment order for the return of lease deposit with the District Court 2018 tea 110, the Plaintiff issued a payment order with the purport that “35,000,000 won and the amount calculated at the rate of 5% per annum from December 27, 2017 to March 21, 2018, and 15% per annum from the next day to the date of full payment,” and the payment order was finalized on April 5, 2018.
B. On October 30, 2018, C entered into a business comprehensive transfer agreement (hereinafter “instant transfer agreement”) with the Defendant at the time of entering into and operating the franchise agreement with the E Co., Ltd. (hereinafter “E”) on the D1st floor in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “E”), to transfer the assets and goodwill of the E Ajsan store (hereinafter “instant business establishment”) to the Defendant (the Defendant divorced by agreement with C on June 11, 2019).
Pursuant to the above transfer contract, the Defendant acquired all the business property of the instant business establishment, including C’s claim for the return of the deposit of KRW 60 million which C had against H, C’s claim for the return of the deposit of KRW 10 million for the contract of KRW 10 million which C had against H, and the right to KRW 11 million for the franchise paid by C to E, and acquired 60,650,028 of the obligation owed by C to E concurrently.
(c)
(1) On September 27, 2018, the Plaintiff collected part of the Plaintiff’s claim amount, and around September 27, 2018, against C’s I Co., Ltd. as Seoul Eastern District Court 2018 and 58583.