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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
Reasons
1. The Plaintiff entered into an agency opening agreement on May 31, 2007, and operated an agency, including oral words, “D” (hereinafter “instant agency”) with the trade name, “D” from Jun. 16, 2007, and borrowed a total of KRW 120 million from the Defendant as operating funds of the instant agency on February 28, 201 and June 21, 201.
① The amount of money for transfer shall be KRW 430,000 (= KRW 50,000,000 business premium of KRW 150,000,000,000,000 sales inventory goods of KRW 30,000,000,000).
② The Plaintiff borrowed 120,000,000 won as down payment from the Defendant shall be substituted by the Plaintiff.
(3) Balance 350,000,000 won shall be paid by the end of August, 2011.
Around August 2011, the Plaintiff entered into a contract with the Defendant to transfer the instant agency and goodwill (hereinafter “instant transfer contract”) to the Defendant as follows.
Under the instant transfer contract, the Defendant paid the Plaintiff a total of KRW 280 million on September 2, 201 and KRW 180 million on September 15, 2011, and agreed to pay KRW 280 million on September 15, 201 to the Plaintiff as KRW 150,000,000 to the Defendant, reflecting the details of the changes in inventory goods and participate in the operation of the instant agency from around that time, and agreed to pay KRW 10,00,000 to the Plaintiff.
Since then, on May 22, 2012, the Defendant asserted that the Plaintiff rescinded the instant transfer contract, and filed an application for payment order with the Plaintiff, claiming payment of KRW 120 million in total, and KRW 280 million in transfer proceeds already paid, from the Gwangju District Court Decision 2012Hu950, supra, and KRW 400,000,000,000 in total, which had been paid, to the Plaintiff.
As the plaintiff raised an objection against the payment order, the above case of requesting the payment order was implemented as a lawsuit by the same court 2012Gahap1271. On September 21, 2012, when the lawsuit was pending, the plaintiff between the plaintiff and the defendant, and the defendant, KRW 360,000 until September 30, 2012.