logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.13 2019가합540713
영업금지 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. around 2016, C operated a adult pian teaching institute (hereinafter “instant private teaching institute”) with the trade name “E” from the Seoul Special Metropolitan City Gwangjin-gu D and the third floor. On November 2016, 2016, C received a proposal from F to a person who franchises of an adult music private teaching institute.

B. C accepted the F’s proposal and entered into a contract on March 17, 2017 to transfer the instant private teaching institute to the Plaintiff (hereinafter “instant contract”) in order to start the franchise business of an adult music institute.

The main contents of the business transfer and takeover contract prepared at the time are as follows:

E (hereinafter referred to as "A") and the Plaintiff (hereinafter referred to as "B") shall enter into a business transfer agreement as follows:

Article 1 [Purpose of Contract] A shall transfer to B the following business and trade names, in accordance with the provisions of this Agreement, the following business and trade names, and B shall take over them:

(2) The subjects and scope of transfer and acquisition under this contract is as follows.

1. Goods, business fixtures and fixtures existing in the store;

2. Calling to telephone number G number;

3. Construction sections and structures of the building as referred to in Article 1;

4. Business rights, including rights to customers;

5. Article 3 of the right of lease of a store (the price for transfer and takeover and obligation to pay for franchise expenses);

1. The transfer and acquisition price under this Agreement has been provided by Gap free of charge, and Eul shall pay 10% of the total sales price to Gap by designating a monthly settlement date for every month under the pretext of paying franchise fees until the closure of the business.

2. The settlement of accounts shall be made between the first day of each month to the last day of the following ten days, and the scope of revenues shall be determined by the profits earned through the business of the company until the settlement of accounts and by the last day of each sales company.

In principle, the method of settlement shall be based on the principle of cash.

§ 6.

arrow