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(영문) 수원지방법원안양지원 2020.09.10 2019가단116489
부당이득금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

In light of the aforementioned legal principles, the Defendant 1 operated the instant convenience store (hereinafter “instant convenience store”) from July 1, 1997 to July 1, 2016, and the Defendant 2 operated F Co., Ltd. F (G stores) convenience store (hereinafter “instant convenience store”); and “F” of the Company.

On March 4, 2019, the deceased transferred or acquired all rights (such as premiums, leases, etc.) on the business and facilities of convenience stores of this case between the Plaintiff and the Plaintiff on March 4, 2019 as follows:

2. The transferee of the contract concluded a contract. Article 1 of the contract provides that the transferor shall pay the following amount to the transferor in consideration of the transferee’s business rights (including all rights including shop premium) to the above company. The total amount of business premium is KRW 00 million excluding the rental deposit. This contract is a contract on goodwill or premium under Article 4, and the goodwill refers to all intangible property values, such as business facilities, tangible objects, such as equipment, etc., transaction partners, credit, customer security, business know-how, and business interest based on the location of the store. Article 19 provides the transferor with the information on sales to the transferee, this provision provides the transferor with the information solely, and thus, the transferor is still liable to the transferor. In this case, in principle, the transferee is entitled to claim the return of the premium or claim for damages against the transferor, and the executive officers and employees of the company in charge and its employees, and the Plaintiff’s heir’s 10th of May 10, 2019, the heir’s 10th of May 20, 2019.

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