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1. The defendant shall pay to the plaintiffs 105,360,268 won and 15% per annum from May 24, 2017 to the date of complete payment.
Reasons
1.Basics
A. The Defendant has run the business of manufacturing and selling clothes, etc. using the trade name “E” (hereinafter “E”) at the same place of the Daegu Jung-gu D Building 401.
B. On September 2006, Plaintiff B entered into a contract with the Defendant to acquire KRW 45,00,000 of the operating rights of the instant business site (hereinafter “instant business”), and operated the instant business site as a partnership with the Defendant.
C. On December 2008, Plaintiff B entered into a contract with the Defendant to acquire the remainder of KRW 1/2 of the Defendant’s 80,000,000 among the instant businesses, and the Plaintiff B independently operated the instant business site.
Meanwhile, the Plaintiff B and the Defendant agreed to use the name of the tenant of the instant business site with the Defendant as the Defendant and to use the instant business site for five years, and the Defendant aided the Plaintiff B’s business for five years, and the Plaintiff B shall pay KRW 2,00,000 per month to the Defendant. Moreover, the national bank account in the name of the Defendant, which is the deposit and withdrawal account, such as the price of goods for the instant business, was agreed to use the Plaintiff B as it is.
Plaintiff
B A around February 2009, transferred 1/2 shares of the instant business to Plaintiff A and operated the instant business as Plaintiff A and the instant business.
E. However, around August 19, 2009, the defendant operated the business of this case, such as manufacturing of Private Uniforms, after replacing the keys of the entrance of the business of this case to the plaintiffs, allowing them to enter the entrance.
around 2011, the Defendant was convicted of having been indicted due to business obstruction, damage to property, etc. due to the above act.
(F) On February 19, 2010, the Daegu District Court Decision 2010Da1540 and Daegu District Court Decision 201No326). Around February 19, 2010, the Plaintiff filed a lawsuit against the Defendant and received a favorable judgment in the Daegu District Court Decision 2010Da11030 and the Daegu District Court Decision 2010Na14054, and received the instant business site from the Defendant around November 201.