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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. On October 2013, the Plaintiff made a joint investment of KRW 20 million with Defendant C to operate a siren business.
B. Defendant D operated a Chuncheon business office of Defendant B Co., Ltd. (hereinafter “Defendant B”) in Chuncheon City, and operated a siren business under the name of “H point” at a temporary building established in G stations located in Chuncheon City F.
C. Around October 25, 2013, the Plaintiff and Defendant C entered into the following contracts with Defendant D:
(hereinafter referred to as "the contract of this case"). The transferor, in accordance with Article 1 (Purpose of the Contract) of the Business Transfer Agreement, promises the transferee and the defendant C to transfer the following business name, and the transferee agrees to this.
Magna business operated by Defendant D in Gincheon City F
(b) A temporary office (15.04 square meters) installed in a G station in order for Defendant D to operate a siren business;
C. Article 2 (Transfer Price) of the trade name “I” and “B” used by Defendant D for the above business, the Plaintiff and Defendant C shall pay the transfer price to Defendant D as follows:
The transfer price: 40,000,000 won: The balance of 20,000,000 won: Article 3 (Subject Matter of Assignment)
(a) The object of business transfer shall be the existing fixtures, business movables, and telephone numbers in the G calendar business office;
B. All of the above structures, customers and other business rights of the said establishments and business rights. Article 4 (Obligation to Fulfill Transfer and Takeover Procedure)
A. Defendant D must order the Plaintiff and Defendant C to place of business on the balance payment date, and at the same time deliver all the goods and all all the documents of Article 3 to complete all the procedures necessary for business transfer or acquisition.
B. Defendant D bears the tax and public charges imposed on the existing business obligation and the principal business office until the balance date, and the tax and public charges imposed on the transferee and the Defendant C after the balance date shall be borne by the transferee and the Plaintiff.
C. Defendant D is the assignee and the defendant C’s time frame.