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(영문) 서울북부지방법원 2016.06.09 2014가합7722

손해배상등

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On July 6, 2011, the Defendant concluded a contract under which he/she transferred G (H) and F’s business, and leases the instant building (hereinafter “instant contract”) on the following grounds: (a) the Defendant operated “F” from Nos. 202 and 203 (hereinafter “instant building”) of the second floor of the building, Nam-gu E-gu, the second floor of which he/she owned (hereinafter “instant building”).

- The seller B(Defendant) and the buyer(G) enter into a sales contract for all rights of the Taekwondo place (not the virtual sale).

- Total amount of premium : 500,000,000 - Contract amount: 10,000,000 won (50,000,000) and 6th day of each month.

- Contract term: From July 6, 201 to August 6, 2015, 10,000 won shall be paid in 50 installments, each on the six day of each month.

- When the buyer has made up of a maximum of two months of the terms of the above agreement to the seller, the premium already paid to the seller shall belong to the seller, all rights (such as trainees, facilities, fixtures, and four vehicles) to the Taekwondo Chapter shall belong automatically to the seller, and the buyer shall waive all rights automatically.

- The seller shall pay 100,000,000 won to the buyer all the amount performed between the seller and the seller in return for the failure of the seller to perform the contract without consultation with the buyer.

In addition, the priority of commercial sales shall be given to the buyer at the expiration of the contract.

- When the contract period expires, all rights to F (such as trainees, facilities, fixtures, four vehicles, etc.) shall belong to the buyer.

B. After that, the Defendant proposed that the Plaintiff sell the instant building, and requested G to cancel the agreement on the instant 1-1 contract, transfer F’s business from the Plaintiff, and lease the instant building.

C. Accordingly, after the Defendant agreed to cancel the instant 1-1 contract with G, the Defendant sold the instant building to the Plaintiff and I on July 18, 201 and sold the instant building to the Plaintiff and I on July 18, 201, including the F business transfer;

The plaintiff is G on the same day.