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Reasons
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(영문) 대전고등법원 2020.08.27 2020나11436
손해배상(기)
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. As of May 29, 2015, the Plaintiff and the Defendant entered into a contract for the transfer and acquisition of business rights and facilities relating to “Gran” on the first floor of Seo-gu Daejeon, Seo-gu, Daejeon. The Defendant entered the part of the transferee of the said contract in his/her own name, address, name, and contact details. Article 3 of the contract for the transfer and acquisition of business rights and facilities (determination of the price of transfer and acquisition)

1. Deposit for the store lease of the transferor: 90,000,000 won;

2. The total purchase amount of KRW 150,000,000 for business premium and facilities of store in operation of the transferor: 240,000,000 for business premium (mutual aid amount: KRW 50,000,000 for business premium). The total amount to be paid shall be KRW 190,000 for business premium and facilities of store in operation of the transferor: Article 4 (Contract Deposit):

1. The transferee shall pay 168,059,472 won as down payment to the transferor on May 29, 2015;

2. The down payment shall be the goodwill and the down payment for transfer and takeover of facilities;

Article 5 (Payment Method of Remaining Transfer Transfer)

1. 40% out of lease deposit and goodwill for facilities business shall be paid on June 2015; 30% shall be paid on July 2015; 20% shall be paid on August 2015; and 10% shall be paid on September 2015.

2. The confirmation letter shall be issued by June 1, 2015, as the transferor succeeds to the legal obligation of the business partner incurred during the operation of the business partner, other than lease deposit, facility, and goodwill deposit, and the transferee succeeds to the legal obligation due.

(A) On June 3, 2015, the address of the transferor: (a) the address of the transferee of the mobile phone number (Omission): (b) the mobile phone number (2): The mobile phone number (2) the defendant registered the business of this case as Hmatet on June 3, 2015; (b) on June 20, 2015, the I (D) as a joint business proprietor, and withdraws from the joint business on July 6, 2015; and (c) on June 5, 2015, the defendant drafted a written agreement as follows: D and E:

The agreement angle D and E begin the Hmaart Doz (Gu Gmaart) business and they represent B.

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