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(영문) 수원지방법원성남지원 2015.11.06 2014가단217951
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Prior to the conclusion of the contract, Defendant B operated the instant store (hereinafter “instant store”) and the Plaintiff was introduced through Defendant Doz Business Co., Ltd. (hereinafter “Defendant Company”).

On June 25, 2014, the Plaintiff confirmed the site of the instant store.

B. On July 1, 2014, the Plaintiff: (a) transferred the instant store’s goodwill at the office of the Defendant Company E and the Defendant B’s agent; (b) on July 1, 2014, the Plaintiff entered into a contract with the Plaintiff to pay KRW 5 million in total to Defendant B’s agent F of the instant store; and (c) on the same day, the Plaintiff paid KRW 37 million in payment to the Plaintiff on July 1, 2014, by paying the intermediate payment of KRW 37 million on July 2, 2014; and (d) the remainder of KRW 42 million in payment on July 11, 2014; and (e) on the same day, paid KRW 5 million in the account of FF’s account on July 3, 2014.

[The acquisition agreement of this case] Article 4 of the contract is a contract on goodwill or premium, and the goodwill means all intangible property values, such as tangible objects such as business facilities, equipment, business partners, credit, customer security, business know-how, and store location.

Article 7 The transferor is aware that all facilities, equipment, and fixtures of the place of business held at the time of the contract are included in the operating rights, and is obligated to manage and keep them until the time of surrender. If there is any damaged or lost material, it shall be restored to its original state, or deducted from the balance after calculating the cost of repair or the value of the lost material.

In cases of a contract for the transfer or acquisition of a business entity of a franchise franchise store, the conditions of franchise prescribed by the transferee's head office and the regulations for the transfer or acquisition of the franchise store shall apply.

The expenses (such as franchise expenses, educational expenses, royalties, product deposit, etc.) incurred at this time shall be this contract and this.

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