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(영문) 서울북부지방법원 2018.02.08 2017가합22166

약정금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On May 30, 2016, the Plaintiff entered into a contract for the transfer of the right to a lease and the right to a lease on a deposit basis with the Defendant on the recommendation of C on May 30, 2016, the Plaintiff agreed to pay KRW 20,000,000 to the Defendant each of the remainder of June 27, 2016, for the remainder of KRW 120,000,000,000, when entering into a contract for the transfer of the right to a lease on a deposit basis, while the Plaintiff entered into a contract for the transfer of the right to a lease and the right to a lease on a deposit basis with the Defendant to acquire all of the rights and the facilities of the “E Pharmacy” located in the second floor of the D Building in Yongsan-gu, Seoyang-gu (hereinafter “the instant pharmacy”).

(hereinafter “instant contract”). (b)

Of the contents of the instant contract, the contents relevant to the instant case are as follows.

Article 5 (Matters of Special Agreement) In addition to the General Matters of the above Agreement, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall prevail.

5. The terms and conditions of the special agreement give priority to the above terms and conditions, and do not require any amount other than the amount taken over after the completion of the lease agreement, and the defendant and the plaintiff agree not to raise any objection between them.

C. The Plaintiff paid KRW 20,00,000 to the Defendant for the payment of the premium, KRW 20,000,000, the intermediate payment of KRW 60,000 on June 1, 2016, and KRW 120,000 on June 27, 2016, respectively, and paid KRW 200,000 as the premium.

(1) On June 1, 2016, the Plaintiff entered into a lease agreement on the instant pharmacy with F, the owner of the instant pharmacy, and operated the instant pharmacy from June 27, 2016. (2) The Plaintiff, who was located in the same floor as the instant pharmacy, actually discontinued the business around October 2016, led to managerial difficulties, and reported the suspension of business at the early October 2016.

[Reasons for Recognition]