(영문) 대구지방법원 서부지원 2017.02.02 2015가단23011

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(영문) 대구지방법원 서부지원 2017.02.02 2015가단23011

계약금반환 등

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1. The Defendants are jointly and severally liable to the Plaintiff for 70,000,000 won and 5% per annum from November 14, 2015 to February 2, 2017.

Reasons

1. Basic facts

A. On September 18, 2015, the Plaintiff entered into a contract with the Defendants to acquire all rights and facilities related to “E” (hereinafter “instant store”) operated in Daegu-gu, Seogu, Daegu-gu (hereinafter “instant contract”) between the Defendants and the Defendants, under which the Defendants entered into an agency contract with Aquish Korea Co., Ltd. (hereinafter “Nonindicted Company”). The main contents are as follows.

1. 600,000,000 won (payment of KRW 100,00,000 for contract deposit, and payment of KRW 500,000,000 for any balance, and payment of KRW 500,000 for October 5, 2015)

(3) When a lease contract is concluded between the owner and the transferee, if it is impossible to conclude the contract normally due to any change in the current condition or demand for special conditions, this contract shall be rescinded and the down payment shall be immediately returned.

(4) The transferor shall operate the main store normally by the balance date, and shall cooperate to the maximum extent possible with the owner and the transferee in concluding a lease agreement by the balance date.

The transferor shall settle the rent, various public charges, etc. of the main store on the basis of the balance date and deliver it to the transferee.

5. The transferor is not responsible for concluding a contract with the non-party company on an agency contract (a contract with a specific agency purchase terms and conditions), and the terms and conditions of the agency contract (a contract with a specific agency purchase terms and conditions), club, and the FJ whole agency contract with the non-party company at the present location. If the agency contract is not concluded after the remainder date, the above contract shall be null and void

(6) Where any one of the parties fails to perform the contract after this contract is concluded, the transferor shall pay the down payment to the transferee, and the transferee shall waive the down payment as a penalty.

B. The Plaintiff’s contract deposit is KRW 100,000,000 on the date of the contract.

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