(영문) 의정부지방법원고양지원 2014.05.14 2013가합2221

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(영문) 의정부지방법원고양지원 2014.05.14 2013가합2221

양수금

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1. The Defendant (Counterclaim Plaintiff) shall pay 130,000,000 won to the Plaintiff (Counterclaim Defendant) and the same from March 22, 2013.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On March 3, 2011, the Plaintiff entered into a comprehensive business transfer agreement with the Defendant on the purport that the Plaintiff would acquire from the Defendant all the rights on the lease and business of the D Beauty Room, which was operated by the Defendant on the Goyang-si C9 level (hereinafter referred to as “instant beauty parlors”), from the Defendant, to KRW 260 million, and paid KRW 130 million to the Defendant on the same day.

B. The beauty room of this case was originally changed to “F” on February 12, 2007, and was engaged in a business leased from “F” (hereinafter “F”), and was transferred to the Defendant on December 2009. At the time of entering into the contract as of March 3, 201, the lessee of the beauty room of this case was included in “E” even at the time of entering into the contract as of March 3, 201.

C. E and F provided that, in the lease agreement on the beauty art room of this case, the name change or the transfer, sub-lease, pledge, or security of the store to a third party without the lessor's prior approval, F shall be notified in writing of the reasons and that the lease agreement may be terminated.

(Article 27(2)(d) of the lease contract.

On April 5, 201, when the name of the lessee was not changed, the Plaintiff and the Defendant concluded a comprehensive business transfer and takeover agreement on the beauty art room of this case again on April 5, 201. The details thereof are paid 13 million won to the Defendant. The Defendant made efforts to change the name of the lessee of the beauty art room of this case to ensure that the change in the name of the lessee is made, and as soon as the name is possible, transferred the beauty art room to the Plaintiff first priority.

E. On April 6, 2011, the Defendant returned to the Plaintiff KRW 117 million after deducting KRW 13 million from the Plaintiff’s KRW 130 million, which was paid by the Plaintiff on March 3, 2011.

F. Even after the fact that the name of the beauty art room of this case was not changed, the Plaintiff and the Defendant are again on May 24, 2011.

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