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(영문) 춘천지방법원원주지원 2016.11.10 2016가단30615
권리금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Defendant is a person who operated a "drat drat coffee store" on the first floor of the C building (hereinafter referred to as the "drat drat specialty store of this case").

B. On April 3, 2014, the Defendant: (a) determined and transferred to the Plaintiff all rights, including the instant coffee specialty’s facilities, interior equipment, etc., with the transfer price of KRW 250,000,000 (contract deposit of KRW 10,000,000; and (b) the balance of KRW 240,00,000).

(A) The acquisition of rights between the Plaintiff and the Defendant is also called the “instant acquisition of rights” (hereinafter “instant acquisition of rights”).

At the time of the conclusion of the instant agreement on acquisition of rights, the Defendant stated to the Plaintiff that “The Defendant operated the instant coffee specialty store for a period of not more than five years. Monthly net profit is equivalent to KRW 10,000,000. If there is no infinite fighting with students, etc., the instant coffee specialty may be operated without limitation.”

The Plaintiff, while suffering from the burden of KRW 250,00,000, which takes over the right of the coffee specialty of this case, the Plaintiff concluded a contract for the acquisition of the right of this case by presenting the condition that the Defendant’s net income is equivalent to KRW 10,00,000, and is able to continue to conduct a business without limitation.

E. On April 4, 2014, the Plaintiff paid the Defendant the remainder of KRW 240,000,000,000, as the transfer price under the instant contract for the acquisition of rights.

F. Since the conclusion of the instant agreement on the acquisition of rights, the Plaintiff operated the instant coffee specialty store.

However, on January 31, 2016, E University terminated a lease agreement on the instant coffee specialty on the grounds of the expiration of the lease term on the instant coffee specialty store space, and thereafter, E University concluded a coffee specialty lease with other companies.

G. The most important content of the instant acquisition agreement between the Plaintiff and the Defendant is to operate the coffee specialty of the instant case without limitation, and the Plaintiff and the Defendant are premised thereon.

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