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(영문) 인천지방법원 2016.11.09 2015가단249672
부당이득반환 등
Text

1. The Defendant’s KRW 75,00,000 and the Plaintiff’s annual rate of KRW 6% from April 1, 2015 to October 10, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, and 3 as a whole, the Plaintiff paid 150,000,000 won to H and I on August 22, 2009, and acquired the J’s right to photographic videos from H and I on September 11, 201, upon acquiring the K’s right to operate, and upon taking over the obligation to return KRW 75,000,000 out of the deposit money to the Plaintiff, the Plaintiff took over the obligation to return KRW 75,000,000 among the deposit money to the Plaintiff. The Plaintiff filed a lawsuit claiming the above KRW 75,000,000 against the Plaintiff, and the above court rendered a judgment on August 22, 2013 to the Defendant that “C shall transfer the right to use the deposit money to the Plaintiff at the rate of 30% from March 14, 2013 to 30% from its mutual payment date.”

2. According to the above facts of recognition as to the primary claim, C acquires the goodwill from H, etc. and takes over the obligation to return the deposit amount of KRW 75,00,000 to H, etc. with respect to the right to photographic and video photographing business of H, etc., which constitutes a commercial activity in which C acquires the obligation arising from the business of K.

In addition, since G acquired the business of “K” from “K” and the Defendant also used its trade name while taking over the business of “K” from “K,” the Defendant, the final transferee of the business, calculated the Plaintiff at the rate of KRW 75,00,000, which is the debt incurred by the business of “K” of the first transferor, and the Defendant’s acquisition of the above business, and at the same time, calculated at the rate of 6% per annum as stipulated in the Commercial Act from April 1, 2015 to October 10, 2016, which is the delivery date of the application for modification of the purport of the claim of this case, as sought by the Plaintiff.

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