(영문) 서울중앙지방법원 2017.05.18 2016가단88217

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(영문) 서울중앙지방법원 2017.05.18 2016가단88217

계약금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in the entirety of the arguments with respect to Gap evidence of Nos. 1 to 14 (including branch numbers; hereinafter the same shall apply), Eul evidence of No. 1 to 13, and witness C's testimony.

In order to operate a coffee franchise company as a franchise store, the Defendant paid 88 million won for the premium to the F Kaf (hereinafter “F Kaf”) located on the seventh floor of the building in Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant Kaf”), and acquired the instant Kaf (hereinafter “instant Kaf”).

B. On January 27, 2015, the Plaintiff and the Defendant entered into the instant franchise agreement (hereinafter “instant franchise agreement”). On January 29, 2015, the Plaintiff and the Defendant entered into an overall business transfer and takeover agreement (hereinafter “instant franchise agreement”) with the content that the Plaintiff comprehensively transferred all rights and obligations with respect to the instant carpet held by the Defendant to the Plaintiff and that the Plaintiff acquired them.

C. The main contents of the instant contract are as follows.

1. The transferor (A);

2. (B) In succeeding the business by transferring and transferring comprehensively all rights and obligations with respect to the seventh floor (former F) of the Incheon Bupyeong-gu E building owned by A as of the Plaintiff (B) to B, the contract shall be concluded as follows:

The following provisions of Section 1 (Purpose) aim to comprehensively transfer and acquire all rights and obligations with respect to the car page to Section 1.

Article 4 (Effect) The terms of this Agreement shall enter into force from the date when G and the name of the plaintiff was transferred in 2015. Accordingly, the defendant shall submit a report on the closure of business on the grounds of a comprehensive business transfer to Eul and shall be a business entity of Eul from that day.

Article 5 (Performance, etc. of Rights and Duties) B shall faithfully perform the rights and duties to be transferred by A, and A shall do all acts necessary for B to perform all the duties incidental to the transfer and acquisition of the business.

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