(영문) 서울중앙지방법원 2015.12.10 2014가단5107133

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(영문) 서울중앙지방법원 2015.12.10 2014가단5107133

위약금

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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from February 4, 2012 to December 10, 2015 to the Plaintiff.

Reasons

1. On April 30, 201, the Defendant entered into a lease lease agreement with C on April 30, 201, setting the lease deposit amount of KRW 110,000,000, monthly rent of KRW 4,200,000, and the lease term of KRW 24 months from April 30, 201.

On December 14, 2011, the Plaintiff entered into a contract with the Defendant for acquisition by transfer of facilities and goodwill of the instant store (hereinafter “instant contract”) and paid the Defendant the down payment amount of KRW 20,000,000 on the day of the contract. The main contents of the instant contract are as follows.

- Article 1: 270,00,000 premium (payment of KRW 20,000,000 for contract deposit and payment of KRW 250,000,000 for the remainder on January 31, 2012) - Article 2 (Transfer of leased Articles): The transferor shall deliver to the transferee any condition that the store of this case can exercise its right and by the day before the commencement of the lease contract, and the transferor shall remove all the obstacles to the exercise of the right of lease and deliver all the facilities and goodwill to the transferee so that the transferee may operate the business immediately upon the receipt of any balance.

Article 4 (Cancellation of Contract): (1) The transferor shall compensate for the amount double the down payment before the transferee pays the balance, and the transferee may waive the down payment and cancel this contract.

(2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim the penalty for breach of contract to the other party respectively, and the contract deposit shall be considered as the standard for penalty.

(3) On the basis of the terms and conditions of the lease contract (owner C, lease deposit of KRW 110,00,000, monthly rent of KRW 4,300,00) with the owner and the transferee by the day immediately before the payment date of the balance, the lease contract shall be concluded between the owner and the transferee

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