계약금반환
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay 35 million won to the plaintiff and 25 million won among them.
1. Basic facts
A. On January 26, 2014, the Defendant entered into the instant contract with the Plaintiff as a broker of F, under which the Defendant transferred the business of H Taekwondo Korea (hereinafter “instant sports hall”) operated by Ansan-si Group G to the Plaintiff. The main contents of the contract are as follows.
① The Plaintiff shall pay 85 million won premium to the Defendant, and the intermediate payment of 10 million won shall be paid on the date of the contract, and the intermediate payment of 30 million won on February 14, 2014, and the remainder of 45 million won on February 26, 2014, respectively.
② The Defendant shall deliver all documents necessary for the change of name to the Plaintiff on the date of the remainder payment of the premium, and deliver all business rights concerning the instant sports hall and all facilities and goods located in the said sports hall at the time of conclusion of the instant contract to the Plaintiff on the remainder payment date of the premium.
③ At the time of the instant contract, 140 trainees shall be based on 140 persons, and the number of trainees from the date of the payment of intermediate payments to the date of the payment of the remainder shall be confirmed, and the Plaintiff shall be recognized as having retired from the contract to the date of the payment of the remainder.
Where the confirmed trainee is not more than 135, the defendant shall pay to the plaintiff 600,000 won per person who is insufficient to the plaintiff as a penalty.
(4) Where a contract is terminated before the intermediate payment is made, the defendant may compensate for twice the down payment, and the plaintiff may terminate the contract by giving up the down payment.
Provided, That the provider shall pay in full the expenses (such as consulting expenses for premiums) incurred by the other party in connection with the contract within five days after the contract is terminated.
(5) Where a contract is terminated due to a cause between the parties to the transaction, the parties to the transaction shall not request the consultant to refund consulting expenses on the premium.
(6) After entering into the instant contract, the Defendant need not operate a sports hall within 2 km radius based on the location of the sports hall in this case.
B. The plaintiff.