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(영문) 서울동부지방법원 2020.02.28 2019가단108238

계약금반환 등 청구

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 117,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on September 7, 2018. < Amended by Presidential Decree No. 25805, Feb. 19, 2019>

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 7, 2018, the Plaintiff entered into a comprehensive business transfer or takeover contract (hereinafter “instant contract”) with the content that he/she comprehensively takes over all rights and obligations with respect to the business of D branch (hereinafter “D branch”) located in Gangnam-gu Seoul Metropolitan Government 1st floor (hereinafter “instant store”) from the Defendant. The main contents are as follows: (i) the main contents of the contract are as follows; (ii) the heating and cooling equipment; (iii) the care equipment; (iv) the care equipment; (vi) the real estate rental deposit; (iii) other types of asset used for business; and (v) the payment date of intermediate payment; (iii) the payment date of KRW 30,00; (iv) the payment date of intermediate payment; and (v) the payment date of KRW 10,00; (v) the payment date of KRW 10,000; and (v) the payment date of KRW 20,000; and (v) the payment date of KRW 10,000; and (v) the payment date of intermediate payment;

(b).

The Plaintiff paid 117,00,000 won to the Defendant on the day of the contract.

C. The Defendant is only called E Co., Ltd. (E) on March 30, 2018.

In relation to the burial of this case, 70 million won is the lease deposit.