권리금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 15, 2016, the Plaintiff entered into a contract for the purchase of rights with respect to the first floor E, F, and G H stores underground of the D Building in Jung-gu, Seoul (hereinafter “instant convenience store”) as follows (hereinafter “instant contract”; “A” in its content refers to the Plaintiff and the Defendant and “B”; “B” refers to the Plaintiff). Article 1(1) of the same Act sells the object of the said sale of rights to the said indication to the Plaintiff, and the purchase price is KRW 90,000,000.
Provided, That among the purchase price, the amount including KRW 14,00,000,000, which was deposited by Gap to the headquarters of the I headquarters, shall be succeeded to and entered into the contract at the time of re-contract, the Gap shall actively cooperate in concluding the contract.
Article 3 (Recontract with Head Office) The expiration date of the contract term with the I Head Office is January 6, 2017. Recontracts shall succeed to the previous conditions of the A and be concluded in the name of B. However, the A shall actively cooperate so as to make the re-contracts by adjusting the dividend rate of the profits of the I Head Office to raise 15% compared to the current status.
Article 4 (Lease of Lease with Lessee) A concluded a lease contract under the name of B with the owner of each of the above stores ( lessors) for the subject-matter of this transaction, and actively cooperates with the owner of the previous contract so that it can succeed to the terms of the contract as is.
Article 5 (On-Site Store, Goods Transfer System, etc.) A shall terminate its business until December 31, 2016, complete inventory inspections under B by printing out the inventory check of goods, and transfer and take over all on-site delivery and goods.
B. On November 12, 2016, the Plaintiff paid 50,000,000 won for the down payment of the instant contract, and 40,000,000 won for the remainder on January 6, 2017, respectively.
(c)
From January 7, 2017, the Plaintiff operated the instant convenience store. On February 2, 2017, the Plaintiff received a removal notice from the head of Jung-gu Seoul Metropolitan Government on protruding signboards, and thereafter maintained the signboard with forced payment.
(d)
The plaintiff around June 2017.