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(영문) 창원지방법원진주지원 2014.02.12 2013가단11634

매매대금반환

Text

1. The Defendant’s KRW 40,000,000 as well as 5% per annum from June 20, 2013 to February 12, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 14, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) and premium agreement (hereinafter “instant premium agreement”) with the Defendant, who is the owner of the building of the 1st floor in Jung-gu, Busan, and operated a pharmacy (hereinafter “instant pharmacy”) on the 1st floor of the said building, as follows:

【Indication of Real Estate: Deposit for the first floor neighborhood living facilities in Busan Jung-gu: 20 million won: The remainder of KRW 20 million shall be paid in KRW 180,000,000 and June 29, 2013.

Rent: 3.5 million won period: the lessor from June 29, 2013 to 24 months (Guarantee of Renewal) shall cooperate in the subsequent change of the lessee's name.

Where a lessor sells a building in the future, he/she shall give priority to the lessee.

【Indication of Real Estate in Premium Contract - Location - Business Type C 1: D: Amount of right at a pharmacy (including facility costs): 208,33,333 won (including value-added tax and withheld income tax, 8,33,333 won) shall be paid to the transferor as follows:

- down payment: 20 million won - The disposal of inventory assets of KRW 180 million (payment on June 29, 2013): The balance shall be accepted as it is, and the transferor shall endeavor to reduce the balance to the maximum extent possible.

An opening bill shall be accepted at a price at a discount of 10%.

The transferor shall cooperate in the change of the name of the transferee later.

B. The instant pharmacy is a pharmacy located in the vicinity of a general hospital, and is a pharmacy specialized in the preparation of a general hospital, unlike the general pharmacy, and the Plaintiff and the Defendant agreed to take over the matters such as the know-how of the preparation of the general hospital prescribed in the instant premium contract (hereinafter “instant underwriting contract”).

C. On the same day, the Plaintiff is the Defendant the down payment of KRW 20,000,000 and the down payment of the premium contract of this case.