권리금 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 25, 2015, the Plaintiff concluded a lease agreement on the instant real estate (hereinafter “instant agreement”) with the Defendant setting the key money as KRW 30 million, KRW 2.5 million per month, KRW 2.5 million per month, management expenses, KRW 180,000 per month, and the contract term from August 25, 2012 to August 25, 2015 (36 months) and operated coffee shop under the condition that “D”.
B. Under the instant contract, the Defendant paid KRW 5 million out of KRW 65 million as the down payment on the date of the contract, and agreed to pay the remainder KRW 60 million on September 25, 2015.
(Article 1) If a lease contract is not concluded between the defendant and the lessor on or before the above date, the date of concluding the lease contract was determined as the payment date of the remainder.
In addition, the Plaintiff shall act as a new lessee on behalf of the Defendant, and shall cooperate with the lessor to enter into a lease agreement between the lessor and the Defendant (Article 2(1)). The Plaintiff transferred, in return for the remainder of the premium, tangible property such as business facilities, fixtures, etc., and intangible property such as customers, credit, and business know-how, etc., to the Defendant until the Defendant pays the remainder.
(Article 2(3). In addition, if a lease contract is not concluded due to reasons not attributable to the plaintiff and the new lessee, such as a lessor's refusal of contract, unreasonable alteration of terms and conditions, damage to the object, etc., this contract shall be null and void, and the plaintiff shall immediately return the down
(3) Before the Defendant pays the remainder, the Plaintiff shall compensate twice the down payment, and the Defendant may waive the down payment and rescind this contract.
(Article 4(1) of the Act. The plaintiff and the defendant may change the remaining payment period to October 25, 2015, according to the defendant's circumstances, as the special agreement of this case.