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(영문) 대전지방법원 2017.08.23 2016나11156

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3...

Reasons

1. Basic facts

A. On December 13, 2013, the Plaintiff leased a commercial building 102, Seo-gu, Daejeon (hereinafter “instant commercial building”) from E, and the main contents of the said lease agreement are as follows.

(hereinafter “No. 1 Lease Contract”). Boli premium: The lease period of KRW 30 million: December 13, 2013 to January 3, 2016.

On May 16, 2015, the Plaintiff operated the instant commercial building with the trade name “D”, and decided to transfer all the rights to lease, goodwill, and facilities of the instant commercial building to the Defendant (hereinafter “instant transfer contract”), and the main contents thereof are as follows.

Transfer amount: 70 million won (the lease deposit of KRW 30 million and the premium of KRW 40 million) - Payment of KRW 10 million out of the lease deposit of KRW 30 million: On the date of the instant transfer contract - Payment of KRW 20 million on June 12, 2015 - KRW 40 million for premiums of KRW 40 million: < Amended by Presidential Decree No. 26373, Jul. 20, 2015; Presidential Decree No. 2652, Aug. 20, 2015; Presidential Decree No. 26540, Sep. 20, 2015; Presidential Decree No. 26507, Sep. 30, 2015; Presidential Decree No. 26507, Sep. 20, 2015; Presidential Decree No. 26507, Sep.

C. Pursuant to the instant transfer contract, around May 20, 2015, the Defendant concluded a lease agreement between E and the instant commercial building with a deposit of KRW 30 million and the lease period from May 30, 2015 to January 8, 2016.

(hereinafter “No. 2 lease contract”). D.

The Defendant paid to the Plaintiff KRW 10 million on May 16, 2015, and KRW 25 million on June 12, 2015, and KRW 45 million on June 12, 2015, and did not pay the remainder of KRW 45 million.

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

F. The second lease contract was terminated on January 8, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to Eul evidence 6, the purport of the whole pleadings

2. The Plaintiff primarily claims the payment of the unpaid transfer price under the instant transfer contract.

However, the fact that the Plaintiff and the Defendant agreed to terminate the instant transfer contract on September 30, 2015 is as seen earlier.

The instant transfer contract is a transfer contract.