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Reasons
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(영문) 청주지방법원 2013.11.14 2013가합1591
양수금
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 160,000,000 and the interest rate thereon from March 30, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 17, 2012, D entered into a contract with Defendant B on the content that it transfers the goodwill of the “F”-type restaurant located in Heak-gu E (hereinafter “instant restaurant”) to Defendant B at KRW 300,00,000, and Defendant C jointly and severally guaranteed Defendant B’s business transfer payment obligation.

B. The agreement between D and Defendant B on the payment of the above transfer of business is as follows.

“The total transfer price of business: KRW 300,000,147,770,000 shall be paid as the down payment on August 17, 2012. ② The amount of KRW 50,000,000 shall be paid by D on behalf of Defendant B, and the remainder other than the above repayment amount, from KRW 50,000,00,000, shall be paid directly to D by means of direct deposit with D in the operation of the restaurant of this case. ③ The amount of KRW 122,230,000 shall be paid within the maximum time limit, and the amount of KRW 25,00,000 shall be paid by October 30, 2012. However, the payment of KRW 80,000,000 shall be made by August 20, 2012.”

C. Since then, Defendant B paid only 140,000,000 won out of the transfer price of the above business to D, and did not pay the remainder of KRW 160,000.

D On March 25, 2013, the Plaintiff transferred to the Plaintiff the claim, such as the unpaid transfer price of business KRW 160,000,000, and interest in arrears thereon (hereinafter “instant claim”). Around that time, the notice of assignment of the claim was given to the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the facts of recognition of the Defendants’ obligation to pay the transfer price of business, the Defendants are jointly and severally liable to pay the Plaintiff, the assignee of the instant claim, 160,000,000 won and damages for delay at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 30, 2013 to the date of full payment, as the Plaintiff seeks.

B. As to the defendants' assertion, the judgment is made.

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