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(영문) 서울중앙지방법원 2018.05.23 2016가합573545
계약금반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of franchise business, etc., and is a company whose corporate register E is registered as the representative director, but actually controlled by F as the actual representative.

B. On September 23, 2015, the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with G Co., Ltd. (hereinafter “G”) on a lease agreement (hereinafter “instant lease agreement”) with regard to entertainment taverns (a total area of 2,115.09 square meters) located on the first and third underground floors located in Gangnam-gu Seoul, Gangnam-gu, with respect to the lease term from October 1, 2015 to September 30, 2018, the lease deposit of KRW 1.5 billion and the rent of KRW 85 million.

C. On February 3, 2016, the Plaintiff entered into a lease transfer contract with the Defendants (hereinafter referred to as “instant lease transfer contract”) with the content that the Plaintiff would take over the lease right under the instant lease from the Defendants to KRW 1.5 billion, and KRW 2.880 million, in sum, KRW 880,000,000,000,000 for the purchase of the lease deposit (i.e., KRW 1.., KRW 880,000,000,000). On the same day, the Plaintiff paid the Defendants KRW 250,000,000 as the down payment (hereinafter “the down payment”).

C. The main contents of each party’s performance of obligations are as follows among the contracts written pursuant to the instant lease transfer contract (hereinafter “instant contract”).

4. Of the total purchase price, interest n.e., KRW 250,000 (in n.e. 250,000,000) shall be paid as down payment on February 3, 2016 and the remainder of KRW 30,000 (in n.e. 2,130,000,000) shall be paid by February 15, 2016, and deposit money (1.5 billion) shall be paid to the lessor (G) and the expenses for the test shall be paid in the account designated by the “I (the Defendant; hereinafter the same shall apply)” (Account Number omitted).

5. If the “J (the Plaintiff’s words; hereinafter the same shall apply)” fails to deposit any balance, the contract shall become void;

(6) "I" means a new lease agreement between the lessor (G (G) and J) in this contract.

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