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(영문) 대구지방법원 2015.08.27 2014가단40807
식당인수대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 41,875,002 and Defendant B with respect thereto from September 16, 2014, and Defendant C with respect thereto.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are to operate an elementary school in the Dong, and the Dong, D’s restaurant (hereinafter “instant restaurant”) as its business, and Daegu Suwon-gu.

E. On January 10, 2013, the first floor of the ground building was leased and opened the above restaurant.

B. At the time, Defendant C was in bad credit standing, and the lessee’s name and business registration name of the above restaurant building were the Plaintiff, and the Plaintiff was 45 million won [the Plaintiff obtained a credit guarantee certificate from the Plaintiff Credit Guarantee Foundation in the name of the Plaintiff and borrowed from the National Bank of Korea as a start-up capital (hereinafter “instant loan”).

) The Plaintiff and Defendant C agreed to liquidate their business relations because they did not have to operate the said restaurant as a partner of the business. Defendant C agreed to take over the said restaurant and to return the said restaurant amounting to KRW 45 million to the Plaintiff, who is his father, and the transferee agreed to return the investment amount to the Plaintiff.

C. Accordingly, around February 2013, the Plaintiff and Defendant C promised to waive the assignee’s right to the lease deposit and the premium, and to pay KRW 45 million jointly with the transferee, as to the deposit and the premium, until the transferor repays it to the transferor. The Plaintiff and Defendant C promises to pay the lease deposit and the premium to the transferor, as well as the certificate No. 1 of waiver of the right, and hereinafter referred to as “written waiver of the right.”

A) The waiver of the above right is drawn up. The Plaintiff’s name and seal are transferred to the transferor, the Plaintiff’s name and seal are affixed to the transferee, and Defendant B’s name and seal are affixed to the joint guarantor, and Defendant C’s name and signature are recorded as the joint guarantor.

2. Determination as to the claim against the defendant B

A. The Plaintiff asserted the parties 1 as the cause of the claim against the Defendant B, and is duly authorized by the Plaintiff, such as the issuance of the certificate of personal seal impression and the principal’s seal impression in preparing the letter of waiver of the right in this case to Defendant C, his father.

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