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(영문) 서울서부지방법원 2014.09.30 2014가단17773
기타(금전)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 9,770,000 to the Plaintiff (Counterclaim Defendant) and its payment from October 15, 2013 to the date of full payment.

Reasons

1. From 2002, the Plaintiff operated a restaurant (trade name: D; hereinafter “instant restaurant”) on the first floor of Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government Ground Building 1 (hereinafter “instant restaurant”).

On November 16, 2010, the Plaintiff and the Defendant concluded an agreement (hereinafter “instant agreement”) that the Plaintiff transferred the instant restaurant business to the Defendant as of November 22, 201.

The main contents of the instant agreement are as follows.

- Transfer cost: 50,000,000 won (i.e., premium of KRW 40,000,000) - Business license amount of KRW 10,000: It is left under the name of the Plaintiff without being transferred.

- Rent, medical insurance premiums, fire insurance premiums, taxes and public charges, etc. shall be paid by the defendant.

- Fire insurance maturity refund: the Plaintiff and the Defendant receive one half each.

- Compensation for moving expenses at the time of promoting redevelopment improvement: notifying the Defendant of the fact that the instant restaurant was designated as the redevelopment district, and where the Plaintiff receives compensation for moving expenses in the future, 80% of them shall be paid to the Defendant.

- - Prohibition of transfer of cooking and competition: The plaintiff shall inform the defendant for six months of the knife number, kimchi, kimchi, debt-free, wave, and Spatiale Law, and shall not open the same type of business within the Seoul Special Metropolitan City or transfer the same law to a third party.

Pursuant to the instant agreement, the Defendant paid KRW 50,00,000 to the Plaintiff on the day of the agreement, and the Plaintiff, even after transferring the instant restaurant business, served as the Defendant’s employee at the instant restaurant, and transferred the method of cooking, etc. to the Defendant.

In October 201, the Plaintiff and the Defendant agreed to move the name of the business operator to the Defendant after the Plaintiff’s retirement from office at the instant restaurant.

Accordingly, between the lessor E on October 17, 201 and the lessor E, the Defendant may enter into a new claim lease agreement (security deposit: 10,000,000 won, and the lease period: 15 October 15, 2012, or an urban environment rearrangement project association in F Zones (hereinafter “instant maintenance project association”) in the name of the Defendant for the instant restaurant under the name of the Defendant.

-be designated;

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