부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basic facts do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1 and 3 and the whole purport of the arguments.
On May 4, 2016, the Plaintiff entered into a contract under which all business rights and facilities of the Dcafeteria (hereinafter the instant restaurant) located in Sungsung-si will be transferred from the Defendant to KRW 71,00,000 (hereinafter the instant contract for transfer or acquisition of rights), and entered into a special agreement on the payment of the premium, as follows.
Article 5. All (Collection and Number of Foods) owned on the date of the contract shall be included in the premium, and if any damage or loss occurs after the contract, the transferor shall be responsible for the damage and restoration to its original state.
Article 6 The transferor shall be held liable to compensate for damages if the transferor caused interference to the business of the transferee due to the intention or negligence of the transferor even after the order of the transferor.
In Article 9, among customers, a director plan, the establishment of an independent restaurant, the temporary use of a restaurant, the construction of a neighboring restaurant, or other reasons for decrease in the number of meals shall be notified, and if losses are incurred, the compensation for damages shall be exempted.
(1) The transferee shall accurately verify the performance of the contract for food and rights and pay the balance before the payment date of the balance, and shall not raise an objection after the payment of the balance.
(2) Where a lease contract is not concluded, or substantially security deposit or monthly tax is increased, this right contract shall be null and void.
(3) The average number of food service on a daily average from sunrise to Friday shall be determined by 220g a misunderstanding on the basis of the balance date. If the number of food service personnel falls short of the number of food service personnel, the transferor shall calculate the price per unit and reduce the price.
(4) If the transferor has already sold a food ticket, the transferee shall keep the deposit in custody.
(5) In cases falling under paragraph (4), the period for recovery of food tickets shall begin from the remainder to the month.