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(영문) 서울중앙지방법원 2020.10.13 2019가단5120889
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims against the defendant B and C, and all claims against the defendant D.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who has taken over the instant store business rights under the following business license agreement. Defendant B is a person who has transferred the said business rights. 2) The Defendant Company is a legal entity that has arranged the instant business license agreement in accordance with the instant consulting agreement under the following, and Defendant D is an employee of the Defendant Company.

3) The instant store is located on the Seocho-gu Seoul Metropolitan Government E and 2’s “F-proof store (e.g., beer, coffee, etc.)” and its exclusive area is 252.84m2, and the lessor is G. B. The Plaintiff sought from the Defendant D, a staff member in charge of reporting the instant consulting contract and the instant goodwill contract 1) the Defendant Company’s business start-up site, including coffee specialty, and Defendant D introduced the instant store operated by Defendant B by physical display.

Accordingly, on November 5, 2018, the Plaintiff, Defendant B, and Defendant Company entered into a contract for the transfer or acquisition of the instant store with the following contents:

(hereinafter referred to as the “instant consulting contract”). A person who has been requested for the transfer, acquisition, and start-up consulting of a business entity under the instant consulting contract (Evidence B No. 13) shall be referred to as “A” and a person who has requested the transfer, acquisition, and start-up consulting of a business entity shall be referred to as “B (Defendant B)” and “B (Plaintiff)”.

1. Conclusion of a contract after confirming the sale of the said company provided by the transferor (excluding where a contract is concluded after the transferee becomes aware that the change of a type of business or the sale is low);

2. This consulting is a consulting on the transfer or acquisition of a business entity; 3. It confirms various public records documents (such as lease contract, business report certificate, business registration certificate, register of land and building register, land use planning confirmation center, building management ledger, etc.); 4. Confirmation of the trade amount of the transfer or acquisition business entity; 5. Legal and physical defects of the transfer or acquisition business entity at the site of the transfer or acquisition business; 6. Legal and physical defects of the transfer or acquisition business entity.

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