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Reasons
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(영문) 인천지방법원 부천지원 2018.05.24 2017가단106963
손해배상(기)
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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. Facts of recognition;

A. Defendant B and Defendant C, Defendant E and Defendant D are married, respectively, and Defendant E are children of Defendant B and C.

B. The Defendants: (a) registered the business under the name of Defendant D and registered the business in the name of Defendant D; (b) operated the business trip (hereinafter “instant business”); (c) the Defendants, other than Defendant D, the nominal owner of the business, are unclear whether the Defendants, other than Defendant D, are legal entities or are employees or assistants; and (d) the remaining Defendants, the actual difficulty of Defendant E’s business operation of which is bound as a crime unrelated to the instant case, were decided to transfer the instant goodwill to the Plaintiff (the de facto transferee). Accordingly, on June 10, 2016, between Defendant D (the business transferee under the contract) and the Plaintiff (the business transferee under the contract), the following contents were prepared: (a) the “commercial building lease premium agreement” (hereinafter “the instant business transfer agreement”).

A lessee shall transfer the following tangible and intangible property value in return for the premium until a new lessee pays any balance: 40,000,000 won (payment on June 30, 2016):

Type of property value: All the business house and two intangible property value of vehicles: Customer, credit, business know-how, and business interest, etc. according to the location of the commercial building;

C. According to the instant contract for the transfer of business, the Plaintiff paid KRW 40,000,000 in total and KRW 50,000,000 in premium and KRW 10,000 in total and KRW 10,000,000 in cash or deposit for repayment three times from June 9, 2016 to October 28, 2016. Meanwhile, the Plaintiff entered into a lease contract with the owner of a commercial building and took over the place of business, vehicles, fixtures, etc. from the Defendant’s side on June 14, 2016, and started the instant business.

2. The plaintiff

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