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(영문) 광주지방법원 2017.08.18 2016가합1986
영업허가명의 등 변경절차이행 등
Text

1. The plaintiff's primary claim as to a karaoke bar and a singing practice room listed in the attached Table 1 list.

Reasons

1. Basic facts

A. On June 2016, the Plaintiff agreed to jointly operate the Defendant, the instant dan, and the instant singing practice room. The Plaintiff bears the investment cost, and the Defendant is in charge of operating and managing the said dan and the singing practice room, and agreed to have the said dan and the singing practice room registered in the Defendant’s name.

B. In accordance with the above agreement, the Plaintiff acquired all business rights related to the said danran and singing practice room by investing KRW 147,690,000 in total, including lease deposit, premium, interior work cost, real estate brokerage fee, electrical construction cost, and mechanical value, etc.

C. On June 16, 2016, the Defendant commenced the business of the instant singing practice room and the instant singing practice room, and on the same day, completed the business registration of the said singing practice room in the name of each Defendant on the 20th of the same month.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4, and 6 evidence (including a provisional number), the purport of the whole pleadings

2. Determination on a request for performance of the procedure for changing the business license title

A. (1) The Plaintiff primarily seeks to implement the procedure for changing the name of each business license changing the name of the said dan and the singing practice room business to the Plaintiff on the grounds that the Plaintiff and the Defendant, on July 13, 2016, agreed to terminate an agreement that the Plaintiff and the Defendant jointly run the instant dan and the singing practice room business and to change the name of the said dan and the singing practice room business to the Plaintiff.

The facts that the Plaintiff and the Defendant agreed to operate the instant dan and the instant singing practice room business; the Plaintiff took over at its own expense all the business rights pertaining to the said dan and the singing practice room; the fact that each business registration was made in the name of the Defendant with respect to the said dan and the singing practice room is identical to the facts found in the above basic facts; and No. 1 No. 3 and 1.

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