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(영문) 대전지방법원 2016.11.29 2015가단38627

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. On May 16, 2015, the Plaintiff: (a) transferred all the rights to lease, goodwill, and facilities of the instant commercial building between the Defendant and the Defendant; (b) paid KRW 70 million in total to the Plaintiff KRW 30 million for lease deposit and KRW 40 million for the instant commercial building; and (c) paid KRW 10 million for the lease deposit of KRW 30 million for the lease deposit and KRW 30 million for the instant commercial building; and (d) paid KRW 20 million for the remainder on June 12, 2015 when entering into a contract; and (e) paid KRW 40 million for the premium of KRW 40 million for the instant commercial building in installments to the Plaintiff on September 20, 2015. < Amended by Presidential Decree No. 26373, Jul. 20, 2015; Presidential Decree No. 26507, Aug. 20, 2015; Presidential Decree No. 26574, Sep. 30, 2015>

(hereinafter “instant contract”).

B. The Defendant paid to the Plaintiff a total of KRW 25 million on May 16, 2015 and KRW 25 million on June 12, 2015, and did not pay the remainder of KRW 45 million.

C. The Plaintiff and the Defendant agreed to terminate the instant contract on September 30, 2015.

2. The assertion and judgment

A. The plaintiff's assertion that the defendant paid KRW 25 million after the contract of this case, and did not pay the remaining KRW 45 million. Thus, the plaintiff is obligated to pay the remaining transfer price of KRW 45 million and damages for delay.

B. The fact that the Plaintiff and the Defendant agreed to terminate the instant contract on September 30, 2015 is as seen earlier, and thus, the Plaintiff cannot demand the Defendant to pay the remaining transfer price of KRW 45 million under the instant contract on the premise that the validity of the instant contract is maintained.

Therefore, the plaintiff's assertion is not accepted.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.