logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.11.04 2018가단214576
손해배상(기)
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. Basic facts

A. The Plaintiff and Defendant C are the legal couple who reported marriage on September 23, 2015, and Defendant B is the father of Defendant C.

B. On June 2016, the Plaintiff and Defendant C operated the franchise restaurant of the chain store (hereinafter “hye restaurant”) with the trade name “E” in Daejeon, after completing business registration under Defendant B’s name.

The Plaintiff used the F Association Account and G Bank Account in the name of Defendant B as the main transaction passbook related to the store.

C. On June 14, 2016, Defendant C concluded, on behalf of the Plaintiff, a contract for acquisition of a right to all business facilities and goodwill on behalf of the Plaintiff, on June 24, 2016, with respect to H and Seo-gu I stores located in H, Seo-gu, Daejeon, with the Plaintiff as KRW 28 million (two million in mid-term payment on June 14, 2016; payment on June 28, 2016; payment on June 28, 2016); Defendant C concluded, on behalf of the Plaintiff, a lease agreement for acquisition of a right to all business facilities and goodwill; and (2) Defendant C concluded, on behalf of the Plaintiff, the lessor J, the lessee, the Plaintiff, the lease deposit for KRW 30 million, the lease deposit for KRW 130 million, the lease term of KRW 1300,000,000, and the lease agreement for the Plaintiff until June 26, 2016.

(3) On November 2016, the Plaintiff: (a) determined that the premium was KRW 150,000,000 to K for the restaurant restaurant; and (b) sold all business facilities and goodwill with respect to the premium. Upon paying the premium, K paid KRW 80,00,000 to Defendant C; (c) acquired the Plaintiff’s obligation to pay liquor loans (joint guarantor) to L Co., Ltd.; and (d) the remainder was agreed to pay the payment by June 1, 2017, in preparing the authentic deed of debt repayment (quasi-loan Loan) agreement on No. 5954 (Quasi-Loan Loan), which was paid by K on November 25, 2016, the Defendant C paid KRW 65,500,000,000 to the Plaintiff’s bank account under the name of the Plaintiff (O).

arrow