(영문) 서울중앙지방법원 2016.03.30 2015나49384

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(영문) 서울중앙지방법원 2016.03.30 2015나49384

권리금계약해지 보증금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 28, 2014, the Plaintiff entered into an agreement with the Defendant to take over the right facilities of the dan Doo-gu Seoul Special Metropolitan City (hereinafter “instant store”) in the following (hereinafter “instant agreement”) (hereinafter “instant contract”), and paid the down payment of KRW 2 million under the instant contract.

2. Article 4 [Cancellation of a contract] 31 million won [20 million won (payment on August 28, 2014), balance 29 million won (payment on September 16, 2014)] of the terms and conditions of the contract.] (2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may give written notice to the person who has failed to perform the contract and cancel the contract.

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

(3) The transferor shall make utmost efforts to conclude a lease agreement with the owner and the transferee on the basis of the following terms and conditions of the lease agreement, and where the lease agreement is not normally concluded or does not proceed, the instant contract shall be rescinded and the down payment and intermediate payment received by the transferor shall be immediately refunded to the transferee

3. Terms and conditions of the lease of the object to be transferred or taken over: D (Liaison E): 10 million won of the lease deposit, 300,000 won of the rent, 300,000 won of the rent, and the contract period from November 2, 201 to November 2, 2012;

B. The Defendant failed to conclude a lease agreement for the instant store in accordance with the terms and conditions of the lease agreement until the payment date of the remainder of the contract of this case.

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

2. The assertion and judgment

A. According to the above facts, the contract of this case was rescinded because the lease contract of this case was not concluded normally, so the defendant is obligated to return the down payment of 2 million won to the plaintiff.

(b) against this;

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