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(영문) 인천지방법원부천지원 2016.02.18 2015가단106969
권리금반환
Text

1. The Defendant’s KRW 36,00,000 and the Plaintiff’s annual rate of KRW 5% from June 2, 2015 to February 18, 2016.

Reasons

1. Basic facts

A. On March 20, 2014, the Plaintiff entered into a sales contract with the Defendant for the purchase of the right and the shopping mall name (hereinafter “instant shopping mall”) at KRW 60,000,000 in the purchase price (hereinafter “instant sales contract”). The Plaintiff agreed to pay the down payment of KRW 5,000,000 on the date of the sales contract, and the intermediate payment of KRW 31.00,000 on April 30, 2014 to pay the remainder payment of KRW 24,00,000 on April 30, 2015.

B. The terms and conditions of the instant sales contract are as follows.

Of KRW 66,00,000, including lease deposit, KRW 36,000,000 shall be paid for the domain names, rewing machines, strings, records, design files, and copies of the goods transferred, and there is no price separate from the value of the two goods. The actual value is a separate payment of KRW 6,00,000,000 separately for the lease deposit at the time of acquisition.

C. The attached Form of the instant sales contract states the following:

6,000,000 won out of 36,000,000 won, including deposits

4. Payments made up to 30.30. and the remainder 30,000,000 shall be paid up to April 30, 2015.

36,000,000 won shall not include KRW 6,000,000 for lease deposit.

The Plaintiff paid the Defendant the sum of KRW 36,000,000,000.

E. From April 1, 2014, the Plaintiff received delivery of the instant store and shopping mall from the Defendant, and the Defendant continuously participated in the sales store operation while operating the instant store, and the Plaintiff did not deliver the back key of the instant store despite the Plaintiff’s request. Some of the sales amount was paid.

F. From May 30, 2014, the Defendant had the key to the instant store from the Plaintiff and operated the instant store.

G. On the shopping mall website of this case, the representative is the plaintiff and deposit account in the name of the plaintiff.

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