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(영문) 수원지방법원 2020.04.23 2019가단528271
약정금
Text

1. Defendant (Appointed Party) and Appointed C shall jointly and severally serve as KRW 10,000,000 on the Plaintiff, and as a result, January 17, 2020 on the Plaintiff.

Reasons

1. Basic facts

A. On August 20, 2018, the Defendant and the Selected C (hereinafter “Defendant, etc.”) leased from D Co., Ltd. the E and 1st underground floor F-Gho (hereinafter “instant leased building”) KRW 50,000 from D Co., Ltd. to KRW 50,000,000,000 as the lease deposit, and operated a compound with the trade name “H” (hereinafter “instant restaurant”).

B. On January 27, 2019, the Plaintiff entered into a contract with the Defendant, etc. for acquisition by transfer or transfer of the entire rights to the facilities and operation of the instant restaurant operated by the Defendant, etc. (hereinafter “instant contract”) with the content that the Plaintiff acquires the entire rights to the facilities and operation of the instant restaurant in the amount of KRW 150 million for premium, and the main contents thereof are as follows.

Article 5. All the persons held on the date of a contract shall be included in the premium, and if there is any damage or loss after the contract is terminated, the transferor shall be responsible for the damage and restore it to its original state.

Article 9. In the case of customers, the transferor shall be held liable for damages without notifying the directors' plan, the establishment of its own restaurant, the temporary use of the restaurant, the construction of the surrounding restaurant, and other reasons for decrease in the number of meals.

(1) The transferee shall pay the balance after accurately verifying the performance of the contract for food storage and rights until the payment date of the balance, and shall not raise an objection after the payment of the balance.

(3) The average number of food service on a daily average from sunrise to Friday shall be determined by 500 Gambling on the basis of the balance date. If the number of food service personnel falls short of the number of food service personnel per unit price, the transferor shall reduce the price by making a reduction in the price.

C. On February 27, 2019, the Plaintiff entered into the instant contract and requested the Defendant, etc. to provide accurate food data for the high seas, and as a result, after reviewing the data on February 1, 2019 provided by the Defendant, the Plaintiff requested the Defendant, etc. to reduce the price on the basis of the average number of meals on the first day of the same month exceeds 450.

Accordingly, the defendant et al.

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