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(영문) 서울동부지방법원 2016.07.05 2014가단60164
계약금반환 등
Text

1. The Defendants jointly pay to the Plaintiff KRW 30 million and the interest rate thereon from March 13, 2015 to the day of complete payment.

Reasons

1. The acquisition amount of the Plaintiff’s basic facts is KRW 72.5 million, and KRW 15 million among alcoholic beverages loans is succeeded to the Plaintiff by the Defendants, and the amount to be paid by the Plaintiff to the Defendants is KRW 57.5 million.

The down payment on the instant contract for the transfer of business shall be paid KRW 15 million on June 18, 2014, and the balance shall be paid KRW 42.5 million until July 8, 2014, and if the balance is not deposited by July 8, 2014, the Plaintiff shall immediately leave the restaurant of this case, and the down payment shall not be refunded in entirety, and shall not take any measures against civil and criminal charges.

The Defendants, from June 22, 2014, assigned all the powers to the Plaintiff to operate the instant restaurant.

The Defendants are obliged to fully cooperate with the Plaintiff in all documents and transfer procedures regarding the acquisition and operation of the restaurant of this case at the same time. If the Defendants are not active in the transfer and takeover, but the Defendants are obliged to compensate for the principal and the down payment in a case where there is a problem prior to the deferment of the next day.

On June 20, 2014, the Plaintiff entered into a contract for the takeover of business (hereinafter “instant contract for the takeover of business”). On June 20, 2014, the Defendants and notary public concluded a letter of certification No. 1422 with the Defendants to acquire business rights including the facilities of the “E-cafeteria” located in both cities (hereinafter “E-cafeteria”) from the Defendants at KRW 72,50,000 (hereinafter “instant contract”).

The main contents of the instant transfer agreement are as follows.

B. On June 18, 2014, the Plaintiff paid the Defendants KRW 15 million as the down payment under the instant contract for the instant business takeover.

C. On June 30, 2014, Defendant C sent to the Plaintiff a certificate of content that “The instant contract for the takeover of the business of this case shall notify the parties of the destruction of the instant contract for the takeover of the business as of July 1, 2014 due to the failure of the parties’ opinions.”

[Ground of recognition] Unsatisfy, Gap evidence 1, 2-1, 2-2, and 7.

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