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(영문) 청주지방법원 2017.01.19 2016가합20593

손해배상(기)

Text

1. The Defendant’s KRW 140,000,000 for the Plaintiff and 5% per annum from March 30, 2016 to January 19, 2017.

Reasons

1. Basic facts

A. On March 15, 2013, the Defendant leased, from Nonparty C, the term of 24 months, the lease deposit of KRW 150,000,000, monthly rent of KRW 8,000,00,00 for a reinforced concrete structure 1,20.72 square meters (hereinafter “instant building”) located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoju-si (hereinafter “instant building”) from Nonparty C, and operated the “E”, which is a franchise assignment, from the instant building until the date of closing the argument.

B. On October 30, 2015, the Plaintiff entered into a contract with the Defendant to acquire the business rights of the instant building and the facilities installed in the instant building from the Defendant for KRW 235,000,000 (facilities) and paid to the Defendant a total of KRW 100,000,000,000 as the down payment on the same day and KRW 5,000,000,000 as the down payment.

The main contents of the above contract are as follows:

(hereinafter “this case’s acquisition of rights”). Article 1 / [Purpose] The transferor and transferee of rights to the said real estate shall enter into a contract for the acquisition or transfer of rights by agreement as follows:

The sum total premium, KRW 235,000,000,000 for total premium, KRW 235,000 for total premium, KRW 235,00,000 for down payment, shall be paid at the time of the contract and paid on December 10, 2015 for the balance of the intermediate payment.

The scope of transfer (facilities, etc.) the first floor air conditioners, etc. shall be entered after the vehicle.

The transferor shall dispose of the whole facilities of the second floor and the related facilities, and the air-conditioner and other facilities shall be taken over by the transferee.

Article 2 (Transfer of leased Articles) The transferor shall deliver the above real estate to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all the matters, etc. impeding the exercise of the right of lease and deliver it to the transferee, including all the facilities and goodwill, so that the transferee can conduct the business immediately at the same time with the receipt of any balance.

Article 4 [Cancellation of Contracts] (1) The transferee shall pay any balance before paying the intermediate payment (if there is no intermediate payment agreement, before paying it).