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(영문) 대구지방법원 2015.11.13 2014가합207089
약정금
Text

1. The Defendant’s KRW 17,169,671 and KRW 15,669,671 among the Plaintiff and KRW 15,671 from July 14, 2015 to KRW 1,500,000.

Reasons

1. Basic facts

A. The Plaintiff leased each real estate listed in the separate sheet from C and operated a restaurant among the mutual names “D”.

B. On July 31, 2014, the Plaintiff: (a) concluded a contract on the transfer or acquisition of business rights to the Defendant of the said D’s goodwill at premium of KRW 2220 million; and (b) entered into a contract on the transfer or acquisition of business rights to the Defendant as of August 1, 2014; (c) the written agreement (Evidence A 1-1-1) contains the following special terms regarding the building portion not entered in the building ledger of the building listed in attached Table 3 (hereinafter “instant unauthorized building portion”).

① Removal without at least the part without permission of the instant case: The Plaintiff’s condition. (2) The remainder of repair and repair after the removal of the part without permission of the instant case: the Defendant’s order of construction without permission of the Gu.

The plaintiff repeats the removal part of the Suwon-gu Office and the building without permission of this case.

The consent of the owner of the building should be premised on the non-licensed building part of this case.

C. On August 30, 2014, the Plaintiff prepared a “contract for acquisition or transfer of rights (facilities)” (Evidence A-2) with the Defendant and confirmed the premium to be paid by the Defendant to the Plaintiff as KRW 230 million under the said contract for transfer or acquisition of business rights. Of the terms and conditions of the said contract, the agreement pertaining to the instant issues is as follows.

Premium: 230 million won down payment: 109,234,99 down payment in 109,234,99

8. The amount of KRW 57,670,00 for operating income of 25.25. The remaining amount after settlement shall be refunded to the Plaintiff by the Defendant.

However, this contract is null and void in the event that the law does not apply to the non-permitted building part of this case under the premise of the above contract.

The unpaid premium shall be paid to the non-licensed building portion remaining on the date of incorporation from the Gu office under its jurisdiction.

Provided, That it may be offset against the price of materials.

Down payment of KRW 109,234,99.

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