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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From December 27, 2006, the Plaintiff, as a certified tax accountant, has operated the D Tax Accounting Office (hereinafter referred to as the “D Tax Accounting Office”) in the Gyeonggi-do Development-gun C, and the Defendant has been employed in the said Accounting Office as a certified tax accountant around June 20, 2008.
B. On October 30, 2008, the Plaintiff and the Defendant drafted an agreement with respect to the transfer of the business of the above accounting office as follows:
(hereinafter referred to as “instant transfer of business”). A (A), B (B), and the Defendant agree to:
1. The assessed amount of the D Accounting Office shall be KRW 300,000,000,000,000, which shall be collected as follows:
(1) By October 1, 2008, KRW 50,000 ( KRW 50,000) shall be transferred to B by October 1, 2008.
(2) By November 13, 2008, KRW 50,000 ( KRW 50,000) shall be transferred to B by November 13, 2008.
(3) The remaining amount shall be the one million won unit and the amount excluding the funds required for Eul shall be transferred preferentially to Gap.
(4) A shall manage the business account, and if necessary, A may verify the account books.
2. The transfer of title shall be made to B at the time when the daily amount of KRW 150,000 per annum (150,000,000) is paid to A.
(1) A shall take the lead in the report of transfer by the time of transfer of name.
(2) If a request is made by B until the payment of balance is completed, A may file a report on transfer.
(3) A shall compensate three times the amount provided to him/her at the time of breach of contract.
(4) The head of a tax office shall not independently engage in any act related to the rights of the accounting office before transferring the title.
(hereinafter referred to as "equitable, security, disposition, etc.")
C. Under the above business transfer contract, the Defendant paid each of the Plaintiff KRW 50,000,000 on October 31, 2008 and KRW 50,000,000 on November 13, 208.
After all, the plaintiff requested that the defendant pay 50 million won in addition, since he will transfer the name of the above accounting office to the defendant, the defendant remitted 50 million won in total to the plaintiff four times until February 6, 2009.