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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The parties’ relationship is a partner company (a) of Hyundai Motor Co., Ltd. (hereinafter “MoS Foreign Motor”), who operated a store (hereinafter “C store”) that the said company approves under certain conditions. The Defendant operated the D store located in Dongjak-gu Seoul Metropolitan Government (hereinafter “E store”), and the Plaintiff and the Defendant became aware of each other at the F Association, a friendship organization, around 2001.
B. On January 28, 2015, the Plaintiff became aware of the fact that the Defendant intended to transfer E points while the lease of C points it operated was in physical colored due to the expiration of the period of validity on January 28, 2015. (2) Around February 6, 2015, the Plaintiff entered into a business takeover agreement with the Defendant that the Plaintiff would take over the E points’s goodwill and human and physical facilities from the Defendant (the business debt of E points) (hereinafter “the instant business takeover agreement”), and the content of the said agreement is as follows.
Article 1 The transferee shall pay to the transferor a specified amount of money for business offices, facilities, and business rights.
Article 2 Change of the name of the business office shall be changed to the responsibility of the transferee, and the transferor shall actively cooperate.
Provided, That if it is impossible to change the name, the transferee shall bear all legal responsibilities.
Article 3 Before the change of name is made, it shall be the transferor, and all legal responsibilities arising from the business activities of the transferee shall be assumed by the transferee.
Provided, That if the transferor is compensated, it shall be indemnified to the transferee.
Article 4 Land Lease Relations, Transfer of Ownership of Building, etc. shall be transferred at the time of change of the name of the business office.
Provided, That the business parts, etc. shall be settled at the time of payment of part payments.
3) On March 7, 2015, the Plaintiff paid KRW 452,548,950 to the Defendant as the price for transfer, and received E points from the Defendant around March 9, 2015.