beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts under the basis of facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and Eul evidence No. 1, by integrating the whole purport of the pleadings. A.
The defendant is a person who operated the business of Yeongdeungpo-gu Seoul Metropolitan Government E and the third floor (if it is different from the classification under the business transfer agreement concluded by the original defendant, it belongs to F) with the trade name of "G". The plaintiff is a person who was transferred the business of the above "G" from the defendant as follows.
B. 1) On February 26, 2016, the Defendant transferred the entire business of “G” to the Plaintiff via Nonparty H through the actual operation of “G”, through which Nonparty H, in total, KRW 100 million and KRW 200 million. The main content and special terms and conditions of the contract are as follows. The contractual terms and conditions are as follows; “A” and “B” refer to the Defendant and the Plaintiff respectively (hereinafter “instant business transfer agreement”).
(2) As of the date of the acquisition of the business pursuant to Article 2 (Succession to Business), Article 1 (Purpose of this Agreement is to ensure that “A” and all transaction partners engaged in transactions with “A” take over and guarantee continuous transactions with “B” and “A” are liable for the part where there is any defect prior to the date of the acquisition of the business. In addition, Article 3 (Transfer Property and Record Date) provides that “A” and “B” shall continue to work for the former employees of “A”. Article 3 (Transfer Property and Record Date) discontinues on April 15, 2016 and reports on the closure of business to the competent tax office immediately.
The special agreement shall be deemed to be a special agreement, in light of the fact that the special agreement does not explicitly state the "matters of the special agreement", but may be different from other matters.
(2) the amount of the security deposit.