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(영문) 청주지방법원 2015.04.02 2014가합2751
양수금
Text

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

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

Reasons

1. On May 29, 2014, the Plaintiff asserted that C was transferred by C the amount equivalent to KRW 175,000,000 to the Defendants, and the Defendants were notified by C of the transfer of the said assignment of claims by the transferor under the certificate with a fixed date. Thus, the Defendants jointly and severally asserted that C is liable to pay the Plaintiff the amount of KRW 175,00,000 and the delay damages.

2. First of all, as alleged by the Plaintiff, as to whether C had the instant claim against the Defendants, there is insufficient evidence to acknowledge this only by the descriptions of health care unit, Gap evidence Nos. 1-1, 2, 2-4, and 6, and there is no other evidence to acknowledge this otherwise.

Rather, according to the overall purport of Gap's evidence Nos. 3, 4, 6, and Eul evidence Nos. 1 and 2, Eul and Eul jointly invested KRW 175,00,000, and KRW 100,000 in Hyundai Department Store No. 175,00, and KRW 300,000 in each case. Accordingly, Eul and Eul entered into the B franchise agreement on September 27, 2012 (hereinafter "the instant franchise agreement") with E Co., Ltd. (hereinafter "E") holding the right to operate D and B's store No. 205,00,000, respectively, and upon termination of the instant franchise agreement due to the operating problem of the above Hyundai Department No. 300, Apr. 30, 2013 in addition to the above B franchise agreement on Apr. 30, 2013 (hereinafter "No. 175,000,000,000).

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