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(영문) 수원지방법원 성남지원 2018.10.26 2018가단201862
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant operated the beauty art room of the trade name “E” in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “E”) as a club business.

B. The cosmetic was operated by G operating a wedding hall in the name of “F” (hereinafter “instant wedding hall”), and around March 201, G transferred the business of the instant beauty hall to H. Around March 2014, the Defendant received business licenses and premium of KRW 160 million from H. The instant beauty hall continued to operate the business for customers who found upon introduction of the instant wedding hall.

C. On November 6, 2016, the Defendant transferred a part of the beauty art room of this case to I, J, and H, and drafted a partnership agreement with the content of running a four-person partnership business including the Defendant. At this time, the Defendant determined that the assets of the beauty art room of this case include KRW 22 million, and KRW 160 million, totaling the lease deposit and facility fee of KRW 182 million among the partners.

On the other hand, around November 2016, and around March 2017, Plaintiff A acquired 20% of the shares of the beauty room of this case through each Defendant (hereinafter collectively referred to as “instant agreement for acquisition of shares”), and accordingly, the Plaintiffs, Defendant, and J acquired 20% of each of the 10% shares of each of the 10% shares of the Plaintiffs, Defendant, and J, H, and I, and drafted a new agreement for the same business (hereinafter referred to as “the same agreement with the Plaintiff”) around April 12, 2017.

E. Around December 2017, the instant beauty art room terminated the business relationship with the instant wedding hall, and accordingly closed around April 2018.

[Reasons for Recognition] The facts without dispute, Gap evidence 2-1, 2, 3, and 3-1, 2-2, Eul evidence 4, Eul's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. When the plaintiffs acquired the shares of the beauty room of this case through the defendant, the defendant's assets of the beauty room of this case.

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