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(영문) 부산지방법원동부지원 2016.03.31 2015가단208384
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) 26,800.

Reasons

1. Basic facts

A. On November 1, 2013, the Plaintiff, the lessee of the D transmitting store located in Busan Shipping Daegu C (hereinafter “instant store”) concluded a contract with the Defendant to transfer the premium and facilities of the instant store, and all the equipment (except for the 2,000,000 won (hereinafter “instant contract”).

B. Under the instant contract, the Defendant agreed to pay the Plaintiff KRW 30,000,000 in total, and KRW 30,000,000,000 on November 21, 2013, and to pay the remainder of KRW 2,00,000 to the Plaintiff on November 27, 2013.

C. In the process of paying the balance of the instant contract on November 27, 2013, the Plaintiff and the Defendant had a dispute over the ice Cream recorded in the instant store.

Then, the Defendant sent a mobile phone text message to the Plaintiff that “to cancel the instant contract on the ground of the Plaintiff’s breach of contract,” and the Plaintiff sent a mobile phone text message to the Defendant that “to return the remainder after subtracting the amount of the instant contract amount from 10%.”

On December 2, 2013, the Plaintiff sent to the Defendant a content-certified mail stating that “The contract of this case is to be rescinded on the grounds that the Plaintiff did not pay the remainder amount of KRW 2,00,000,000,000,” and on December 6, 2013, the Defendant sent to the Plaintiff a content-certified mail stating that “The Plaintiff would seek payment of KRW 30,000,000 already paid for the Plaintiff on the ground that the Plaintiff had not left all the facilities and equipment in the instant store according to the instant contract, and KRW 13,00,000,000 for additional damages.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 7 (including branch numbers), the purport of the whole pleadings

2. Basic facts acknowledged prior to the validity of the instant contract and the following facts acknowledged by each of the aforementioned evidence.

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