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(영문) 전주지방법원 2014.02.11 2013가단29020
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

As the cause of the instant claim. (1) On December 15, 2012, the Defendant transferred the instant restaurant business to the Plaintiff on December 15, 2012, the Plaintiff: (a) the instant restaurant sales from the following day shall be paid to the Plaintiff as the Plaintiff’s profit; (b) the Plaintiff paid KRW 1,60,000 out of the total sales from December 16, 2012 to December 31, 2012 to KRW 9,594,400; and (c) the remainder of KRW 7,94,400 to the Plaintiff did not pay the Plaintiff the remainder of KRW 7,94,40 to the Plaintiff; (b) the Defendant, despite having transferred the instant restaurant’s business to the Plaintiff, arbitrarily withdrawn part of the Plaintiff’s revenues or transferred them to another place; and (d) the Defendant asserted that the Plaintiff did not pay the outstanding amount to the Plaintiff during the period of the instant restaurant’s operation to the Plaintiff, and (e) the Defendant did not pay the outstanding amount to the Plaintiff KRW 305030.

Therefore, it is not sufficient to acknowledge the above assertion only with the descriptions of evidence Nos. 1 through 4, and there is no other evidence to prove it. Thus, the plaintiff's assertion is without merit.

Thus, the plaintiff's claim of this case is dismissed for reasons.

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