(영문) 서울중앙지방법원 2016.12.22 2016나19748

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(영문) 서울중앙지방법원 2016.12.22 2016나19748

계약금등 반환

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

(b) the facts of the basis;

A. On October 27, 2014, the Plaintiff entered into an overall business transfer and takeover agreement (hereinafter “instant contract”) with the Defendant to acquire the business and assets of the franchise store in E-Maart C stores (hereinafter “instant store”) operated by the Defendant at KRW 56 million.

The main contents of the instant contract are as follows.

Article 4 (Evaluation of Assets) Assets shall mean all goods and business rights, such as interior and cosmetic equipment (all household appliances, beauty art equipment and fixtures consumed), as of the date of transfer or acquisition, and the amount shall be KRW 56,000,000 ( KRW 56,00,000) under the agreement between "A (Defendant)" and "B (Plaintiff)".

Article 5 (Payment of Transfer and Acquisition Price) “B” shall pay to “A” total amount of KRW 56,000 (56,000,000) on the basis of the value of assets assessed under Article 4.

*The separate payment of rental deposit (which shall be made on the side of the set) * the separate payment of the merchant deposit (which shall be paid to the head office when the contract is entered into with the relevant member store) * The payment method of the transfer and acquisition price shall be made to the “A” as follows:

The intermediate payment on October 27, 2014: Gold million won (6,000,000 won): The remainder payment on October 30, 2014: Gold million won (30,000,000 won) (20,000 won) shall be seven days before the date of submission of documents in the name of the marina.

(1) From January to February: Provided, That when the head office is prepared for the expenses for the head office, the deposit for the head office, and the balance, the change of name may be made by paying it in advance.

Article 7 (Termination of Contract) “A” shall compensate a buyer for the double of the down payment and the intermediate payment, and “B” shall not be refunded the down payment and the intermediate payment to the transferor when the contract is terminated, and the total amount of operating income accrued after the business succession shall be paid to “A” and “B” for the part of damage.

유사 판례

-서울중앙지방법원 2016.03.18 2015가단5121990

-창원지방법원 2016.02.02 2015나33872

-수원지방법원 2016.07.15 2014가합11393

-부산지방법원 2016.10.18 2016가단36719

-전주지방법원 2016.10.12 2015가합3302