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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Plaintiff’s assertion on June 12, 2017, see the Plaintiff’s application for the change of lawsuit filed on June 30, 2016, the Plaintiff acquired Ckwikset service from the Defendant for KRW 11,00,000 from the price.
At the time, the Defendant guaranteed the Plaintiff the monthly sales of KRW 10,000,000, and said that the monthly sales amount was 20% of the sales amount. In fact, the daily sales amount was 10,000 won. Accordingly, the Plaintiff considered the deficit amounting to KRW 16,407,70 from July 1, 2016 to May 30, 2017.
The defendant's deception causes damages to KRW 16,407,70,000. Thus, the defendant is obligated to pay the plaintiff KRW 11,00,000 equivalent to the amount of business takeover from the above damages.
2. The key issue of the instant case is whether the Defendant guaranteed the Plaintiff’s sales of KRW 10,00,000 per month or whether the monthly average sales belong to the Plaintiff.
1) As to whether the Defendant guaranteed monthly average sales, subparagraph 1 of Article 2 (Guidelines for Transfer or Purchase of Kwikset Service) states, “Article 2 (Guidelines for Transfer or Purchase of Kwikset Service)” includes all rights to sales, including commercial rights and goodwill, with respect to sales equivalent to approximately KRW 10,000,000, average monthly sales. However, the above language and text are merely deemed to refer to the amount of KRW 10,000,000 average sales of the company at the time of the above transfer or contract, and there is no other evidence to acknowledge this.
2. Comprehensively taking account of the overall purport of the pleadings as to whether the Defendant belonged to the Plaintiff’s average monthly sales, the Defendant’s average monthly sales up to June 30, 2016, which up to June 30, 2016, exceeded KRW 10 million. The Defendant’s right to transfer to the Plaintiff was the most important asset of the customer’s contact details, and Kwikset’s principal office is the location of the Plaintiff’s principal office.