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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On August 17, 2012, D transferred to Defendant B the goodwill, etc. on a limited-type restaurant located in Heak-gu E (hereinafter “instant restaurant”) for KRW 300 million, and Defendant C jointly and severally guaranteed Defendant B’s obligation for the transfer price.
B. On August 20, 2012, the Defendants issued to D a “written confirmation of facts and a payment note” with respect to the payment of the said transfer price, as follows:
[2] The lower part was added to the instant payment note. The purport of this part is that “D would directly pay the outstanding amount from the transaction partner incurred during the operation of the instant restaurant to Defendant B, and deduct it from the transfer proceeds. However, the maximum amount was set at KRW 50 million for the first time, and the sum of KRW 40 million was set at KRW 90 million for the first time, and accordingly, the amount was determined as KRW 122,230,000 (the sum of KRW 82,223,000,000,000,000 which was paid in consecutive order until October 30, 2012).” The sales amount was corrected to KRW 82,223,000 (the sum of KRW 82,223,00,000,000,0000,0000) as follows. The Defendant B promised to deposit the said KRW 300,000,000,000 deposit after G.17.
2. A promise by Defendant B to pay the F Customer Account Amount of KRW 40 million in KRW 50 million to Defendant B (Provided, That an agreement is made between them) in 2012. The difference between KRW 40 million and KRW 40 million shall be paid to D.
3. Payment of KRW 12,2230,00 by October 30, 2012 in the order of KRW 82,223,00,00. The foregoing amount shall be paid at the earliest as soon as possible, and some of the 25,000,000 won shall be promised to pay on August 20, 2012. The promise to pay KRW 8,000,000 by March 27, 2013. All public charges on the rent and management fee F shall be paid by Defendant B from August 18, 2012.
The above contents are prepared and promised by mutual agreement between G, D, and the Defendants, and are to be paid to G and D.
failure to comply with the undertaking.