(영문) 인천지방법원부천지원 2016.04.07 2014가단38922

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(영문) 인천지방법원부천지원 2016.04.07 2014가단38922

계약금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is operating “D store” in Mapo-gu Seoul Metropolitan Government (hereinafter “instant private teaching institute”).

B. On May 27, 2014, the Plaintiff and the Defendant concluded a contract under which the Defendant would transfer the instant private teaching institute’s business operations to the Plaintiff for a premium of KRW 280 million (hereinafter “instant transfer contract”). The main content of the instant transfer contract is as follows.

2. Article 1 of the Terms and Conditions of the Contract: Contract deposit 280,000,000 won - The balance remaining in lieu of the lease - the transfer on the first day of payment on the date of acquisition by transfer of KRW 252,00: the original students, private teaching institutes facilities, private teaching institutes, all of the owners of the private teaching institutes, franchises succession (this agreement with the principal company), and other special terms and conditions. Article 4 of the Terms and Conditions of the Agreement provides that the transferor may change the terms and conditions of the lease with the owner before the remainder payment date (the terms and conditions of the lease can be changed at the request of the owner), and if the contract with the owner of the building has not been concluded, this agreement shall be rescinded:

3. Supplementary contents; and

1. In principle, the current status of a private teaching institute (90 million won on the basis of May sales) shall be maintained, but 10% increase and decrease by 10% shall be recognized;

2. The underwriter shall pay any balance on the first day of August 2014 and on that day.

Provided, That the time may be adjusted under the mutual agreement of both parties within the period.

4.(Matters of the special agreement) The indication shall be at the time of transfer for more substantial transfer and takeover.

C. At the same time as the instant transfer contract, the Plaintiff paid the Defendant the down payment of KRW 28 million.

On July 28, 2014, the Plaintiff sent to the Defendant a written notification stating the intent to cancel or cancel the instant transfer contract, on the ground that the Defendant deceptioned the monthly sales of the instant private teaching institute, and that the building owner and the Plaintiff did not follow the procedures for concluding the lease agreement between the Plaintiff, by content-certified mail.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination on the cause of the claim.

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