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(영문) 수원지방법원 2015.01.16 2014나13799
약정금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On May 1, 2006, the Plaintiff entered into a meal contract with the G Co., Ltd. located in the ASEAN, which provides meals to its employees upon the entrustment of meal services to its employees, and accordingly, entered into a business takeover agreement with the Defendant to transfer the main facilities, all and operating rights of the said restaurant to the Defendant at KRW 24,00,000 (hereinafter “instant contract”).

B. Around that time, the Defendant, according to the instant contract, operated the above restaurant by delivering all of the restaurant stores, and the kitchen facilities and equipment installed therein from the Plaintiff, and operated the above restaurant. The Defendant did not pay the Plaintiff the acquisition price under the instant contract until now.

[Ground for Recognition: Facts without dispute, Gap 1, 3 evidence, Gap 4-1, 2, and 5-1 to 5-5 evidence, part of the witness at the trial, and purport of the whole pleadings]

2. According to the above-mentioned facts, the Defendant is obligated to pay to the Plaintiff the acquisition price of KRW 24,000,000 under the instant contract and damages for delay calculated by the rate of 20% per annum from December 21, 2013 to the day of full payment, as the Plaintiff seeks.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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