권리금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant operated the coffee store (hereinafter “instant coffee store”) with the trade name “D” in Seo-gu, Seo-gu and 103, Seo-gu, Daejeon, Inc., Inc., which was owned by the Defendant.
B. On October 27, 2015, the Plaintiff confirmed that monthly sales accounts (i.e., evidence A-1 to 8; hereinafter “instant sales accounts”) were received from the Defendant from March 1, 2015 to October 27, 2015, and entered into a provisional contract on the instant coffee issues with the Defendant.
C. Thereafter, on October 30, 2015, the Plaintiff entered into a contract on the acquisition or transfer of rights (facilities) with the Defendant on the instant coffee store as follows.
(hereinafter “instant contract”). Article 4 of the instant contract is paid when a transferee succeeds to the status of a business operator on November 17, 2015, the intermediate payment of KRW 20,000,000 for total premium of KRW 70,000,000 on the date of the instant contract (hereinafter “instant contract”). The transferor shall compensate for the amount double of the down payment before the transferee pays the intermediate payment, and the transferee may waive the down payment and rescind this contract.
(2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.
In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the contract deposit shall be regarded as the standard for penalty.
Matters of special agreement
5. Where sales data provided by the transferor are found to be later false, the transferor shall assume all responsibility, such as a claim for the refund of the premium of the transferee or a liability for damages.
C. On November 2, 2015, the Plaintiff entered into a lease agreement on the instant coffee store with Sochip Co., Ltd., and paid a total of KRW 70,000,000 to the Defendant by November 25, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1 to 8, Eul evidence 1, the purport of the whole pleadings
2. The plaintiff's assertion.