(영문) 서울중앙지방법원 2015.04.07 2014가단61690

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(영문) 서울중앙지방법원 2015.04.07 2014가단61690

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 25, 2012, the Defendant, an agent of the Fund for the Settlement of Basic Facts Co., Ltd. (hereinafter “C”), entered into a business transfer agreement with the Plaintiff with the following content (hereinafter “instant business transfer agreement”).

The transferee also - The transferee shall transfer to the transferee the business rights and claims for the return of the lease deposit with respect to the instant restaurant that is transferred to the transferee, and the transferee shall pay the transferor the lease deposit deposit amount of KRW 50 million and the total operating premium of KRW 200 million (the contract deposit of KRW 20 million shall be June 25, 2012; the intermediate payment of KRW 130 million shall be June 29, 2012; the remainder of KRW 50 million shall be paid on June 29, 2012; the remainder of KRW 50 million shall be paid on July 3, 2012; the remainder of KRW 50 million equivalent to the amount of the lease deposit refunded shall be paid together at the time of payment; the transferor shall be liable for damages; but after the payment of the remainder, the transferor shall not be retroactively liable to the transferor.

(A) Article 5 of the Agreement. The content of the lease agreement on the instant restaurant is KRW 50 million in monthly rent of KRW 50 million in the lease deposit, and the term of the lease agreement is between January 15, 2010 and June 30, 2013.

The transferor shall endeavor to the maximum extent possible to conclude the lease contract between the transferee and the lessor, and if the lease contract is not concluded due to force majeure due to the problems with the lessor who is the exercise of property rights in the contract for the transfer of the main business, notwithstanding the transferor's efforts, both parties will terminate the contract without penalty even after the intermediate payment.

(Article 2(3) of this Agreement. In the event that a lessor and a sub-contract are not entered into on or around June 30, 2013, the expiration date of the lease contract, the transferor shall refund 110 million won including 50 million won equivalent to the lease deposit received to the transferee, including the amount equivalent to 50 million won.

(3) Grounds for recognition: dispute between the parties.

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