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(영문) 서울중앙지방법원 2015.02.12 2014나443
용역대금 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a business start-up consulting firm that mediates the trade of goodwill, etc. and provides consulting services accordingly.

B. On March 5, 2013, upon the Plaintiff’s recommendation, the Defendant entered into a contract with Nonparty B to acquire the goodwill of “D” resting restaurant (hereinafter “instant shop”) with Nonparty B as KRW 725 million in premium premium (hereinafter “instant business acquisition agreement”), which was operated by Nonparty B from Nonparty B from the 1st class 102 and 206 of the 1st class 2, Seo-gu, Incheon, Seo-gu, Incheon (hereinafter “instant store”), and agreed between B and the Plaintiff by expressing the Plaintiff as the “competent company” under the said contract:

In cases of a contract for the transfer or acquisition of a business entity of a franchise franchise store, the transferee shall comply with the conditions of the franchise headquarters and the provisions for the transfer or acquisition of the franchise store.

Article 10. In the case of leased goods such as water purifiers, credit card size, alcoholic beverage cooling and ice rink, etc., they are not owned B, and thus, they shall be succeeded to or returned to the lending enterprise under the present conditions.

§ 11. Goods (Food, etc.) shall not be included in the amount transferred under this Agreement as owned by B.

Therefore, if the transferee intends to accept the goods according to the needs of the transferee, the transferee should settle the cost and pay the value of the goods to the transferor.

Article 15. The supervising company shall not assume responsibility for the non-performance of contracts and non-performance of obligations between contracting parties.

Article 16. The transferor and the transferee have entered into a contract for the transfer and takeover of the business at their own discretion, and later they do not raise any civil or criminal objection to the supervising company due to matters related to facilities, equipment, monthly net income, size, lessorial tendency, lease agreement clause, franchise franchise agreement, franchise conditions, etc.

Article 17. The contract for the transfer and takeover of the business rights of this company is not applicable to the act of brokerage as provided by the Real Estate Brokerage Act. Therefore, the payment of the consulting service cost agreed with the supervising company shall be made, respectively.

C. The defendant is above.

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