(영문) 서울중앙지방법원 2017.09.12 2016가단5244418

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(영문) 서울중앙지방법원 2017.09.12 2016가단5244418

계약금반환 청구의 소

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1. The counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Defendant) shall pay KRW 35,100,000 to the Plaintiff (Counterclaim Defendant) and its corresponding amount.

Reasons

1. The facts of recognition and counterclaim shall be deemed combined;

A. around 2011, the Defendant leased from C the first floor of Songpa-gu Seoul Building No. 1-S08 (hereinafter “instant store”) to operate a coffee store at the said store.

B. On July 7, 2016, the Plaintiff entered into a premium contract with the Defendant to acquire the goodwill of the said store by determining the premium as KRW 351,000,000 as indicated in the following table (hereinafter “instant premium contract”) and paid KRW 35,100,000 to the Defendant on the same day.

Article 1 (Obligation of the Defendant) of the Value-Added Tax [Attachment 5,500,000,000 won for the commercial use premium] ① The Defendant shall arrange the Plaintiff to the lessor for the lease, and shall cooperate with the lessor for the conclusion of the lease contract between the lessor and the Plaintiff, in case of the remainder of the lease contract payment of KRW 315,90,000 for the intermediate payment of KRW 315,90,000 for the intermediate payment of KRW 35,000 for the commercial use premium, which is paid at the time of the contract payment of KRW 35,00 for the premium for the commercial use premium for the remainder of the lease contract.

Article 2 (Relation to Lease Contract) Where a lease contract is not concluded due to reasons not attributable to the plaintiff and the defendant, such as a lessor's refusal of the contract, unreasonable alteration of the terms and conditions of lease, damage to the object, etc., this contract shall be null and void, and the defendant

Article 3 (Cancellation of Contract before Payment) Where the contract is rescinded before the intermediate payment is made, the defendant may compensate twice the down payment, and the plaintiff may cancel the contract by giving up the down payment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. The plaintiff's primary assertion is that the defendant has a duty to cooperate with the lessor to enter into a lease contract with respect to the store of this case in accordance with the premium contract of this case.

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