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(영문) 서울중앙지방법원 2015.10.22 2014가합563568
손해배상(기)
Text

1. Defendant B is running a house business within 5 km radius from the center of Yangcheon-gu Seoul Metropolitan Government and Yangcheon-gu Seoul Metropolitan Government E.

Reasons

1. Basic facts

A. On April 30, 2014, Defendant B entered into a contract for the acquisition of the right to a store (hereinafter “instant contract”) that transfers intangibles, such as the main hall of the instant store, the right to lease, the right to lease, the right to operate a new building, the right to operate a business, the right to operate a business, and a customer, to the Plaintiff for KRW 525,00,000, while Defendant B operated the “I” located in Yangcheon-gu Seoul Metropolitan Government E and Dong J (hereinafter “instant store”). On May 20, 2014, Defendant B entered into a real estate agreement for the transfer of the right to lease and all of the facilities of the instant store building located in the same Dong-gu E, with the Plaintiff KRW 65,00,00,00.

The main contents of the instant contract are as follows.

Article 1 The objects of this Agreement are tangible objects such as facilities, fixtures, fixtures, etc. of buildings for business use, business licenses, goodwill, business know-how, value rights, and business advantages depending on the location of the store, and this Agreement is also a business start-up shop which receives premiums.

Article 2 “A” (referring to a transferor) is included in the purchase price for the equipment at the time when the equipment was held as the contract date, and the non-product satisfaction shall be made in a separate manner by both parties.

Article 8 “A” shall not, in principle, operate the same kind of trade name and the same kind of business during the business operation in the same basic local government (referring to the assignee) after transfer, and in case of violation thereof, “B” may claim against “A” the amount equivalent to the amount of the acquisition price of the shop for business start-up.

[Other details of a special agreement shall be prepared separately]

2.This Agreement is a contract including the business rights and facilities and all of the house units of “I”. 3. This Agreement is a contract which takes over and takes over at the same time the main and new house units, and if either of the lease contracts is not possible due to the circumstances of the lessor, the contract shall become null and void, and the down payment shall be immediate.

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