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(영문) 서울중앙지방법원 2017.04.28 2016가단5024485
손해배상(기)
Text

1. The Defendant: (a) KRW 80 million and the Plaintiff’s annual rate from March 16, 2016 to April 28, 2017; and (b) the following day.

Reasons

1. Facts of recognition;

A. The Defendant operated the resting restaurant (hereinafter the instant carpet) with the trade name “D” on the first floor of the building located in Gangnam-gu Seoul Metropolitan Government C.

B. On October 29, 2014, the Plaintiff acquired premium in KRW 150 million from the Defendant’s sales and facilities of the instant car page from the broker of the business company (hereinafter “instant contract”).

C. At the time of the instant contract, the Defendant provided the Plaintiff with the sales data of the instant car page, and the content is as indicated in the “sale amount” and “payment amount” column in the attached Table.

(The monthly sales on the basis of the settlement amount reaches KRW 33 million to KRW 39 million). D.

On the date of the instant contract, the Plaintiff and the Defendant confirmed that the sales data confirmed by the Plaintiff (assignor) will act as a result of the determination of whether to conclude the contract in the transfer or takeover of the main business, and confirmed that the sales data provided by the transferor himself/herself were based on facts from the time of the completion of the contract. The Plaintiff and the Defendant prepared a written confirmation of sales that “if the sales data and corresponding supporting data are found to be false in the future, all damages incurred to the transferee shall be compensated for by such fact.

E. On October 29, 2014, the Plaintiff paid to the Defendant KRW 5 million as the first down payment on the premium, KRW 15 million as the second down payment on October 31 of the same year, KRW 70 million as the intermediate payment on November 17 of the same year, and KRW 60 million as the remainder on December 1 of the same year.

F. On November 17, 2014, the Plaintiff paid a total of KRW 10 million, including KRW 5 million, KRW 3 million on December 5, 2014, KRW 3 million on the same year, and KRW 2 million on December 11, 201 of the same year to Doz Business Co., Ltd and E, a person in charge of concluding the instant contract.

G. On November 20, 2014, after the payment of the above intermediate payment, the Plaintiff confirmed the sales of the instant car page, which was reported by the Defendant to the head office F.C. during the instant car page operation period, and the sales amount is “the sales amount reported.”

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