Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the ground of the plaintiff's claim
A. On April 11, 2011, the Plaintiff entered into a transfer contract with the Defendant and C (hereinafter referred to as “Defendant, etc.”) on the following grounds. The Plaintiff, the Defendant, etc. entered into a contract for the transfer and acquisition of modern automobile D agency by the following contents, respectively. The Plaintiff, the Defendant, etc., and the Defendant, etc. agreed to pay the Plaintiff, etc. without raising any objection when requesting the Plaintiff to do so.
① The Defendant, etc. shall transfer the name and place of business to the Plaintiff, and take over the security and place of business provided by the Defendant, etc.
② The Plaintiff shall pay the sales commission and income deduction of the Defendant, etc. to the Defendant, etc., and when the Plaintiff fails to pay the agreed amount (300 million won), the Defendant, etc. shall pay the sales commission to the Plaintiff under the same condition.
③ Although the Defendant, etc. must transfer as soon as possible to the Plaintiff, if it is difficult to succeed immediately due to the surrounding circumstances, the Plaintiff is operated in the name of the Defendant’s business operator (the Defendant). In the future, when the Defendant, etc. were not negligent in taking over the Plaintiff’s transfer process and the Plaintiff was paid the agreed amount (300 million won) with the Defendant, etc., and refund all the expenses, such as the
B. On July 19, 201, the Plaintiff, the Defendant, etc. entered into a contract for the transfer of agency with the following contents more concrete.
(1) The Plaintiff acquires the business place and the name of the business operator of the Defendant, etc. on August 1, 201, and the name of the harsh business operator on the time of changing the name of the Plaintiff, the Plaintiff operates the Defendant’s business place under the name of the Plaintiff, and the Defendant, etc. does not participate in the Plaintiff’s operation at all.
The Plaintiff is the Defendant, etc.