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1. The defendant shall not run beauty room business until July 22, 2024 in the Dong-gu Daejeon area.
2. The defendant.
Reasons
1. Basic facts
A. The Defendant was running the beauty room business in the name of “E beauty room” in Daejeon-dong, Daejeon-dong, 202 (hereinafter “instant real estate”).
B. On July 23, 2014, the Plaintiff and the Defendant concluded a sales contract with the Defendant to purchase the instant real estate from the Defendant for KRW 80 million (hereinafter “instant sales contract”).
Paragraph (1) of the special terms and conditions of the instant sales contract stipulate that “This contract shall be entered into as a general contract for transfer/acquisition of business.”
C. Meanwhile, the Plaintiff and the Defendant drafted a comprehensive transfer/acquisition contract (hereinafter “instant contract”) with the same content as indicated below on the same day.
In the instant contract, “A” refers to the Defendant, and “B” refers to the Plaintiff, respectively.
Article 1 The purpose of this Agreement is to acquire all rights and obligations with respect to the instant real estate business operated by A.
Article 2 In order to be exempted from value-added tax following a transfer of business under Article 6 (6) of the Value-Added Tax Act, Article 2 (A) shall comprehensively transfer the whole business to B, for the balance obtained by subtracting total liabilities from total assets for business on the current account books on August 22, 2014.
Article 3 The date of transferring the whole business to B shall be August 22, 2014, and B shall pay the price to A by the date on which the business transfer is completed.
The amount paid for the payment of the No. 1,600,000 on July 22, 2014 through H on July 25, 2014, 1.6,000,000,000 on July 25, 2014; and 1.6 million won on July 30, 2014, including the purchase price of KRW 1,60,000 on July 30, 2014 and the installation cost of KRW 1,60,000 on July 30, 2014, KRW 5,000,000 on August 24, 2014, including KRW 81,60,000 on a total of KRW 81,60,000 on August 24, 2014.
C. From July 22, 2014 to August 7, 2014, the Plaintiff paid a total of KRW 81.6 million to the Defendant as follows: (a) the purchase price of the instant real estate and the price for business takeover of the beauty art room.
The plaintiff on August 8, 2014 of this case.