beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. In the first instance court, the Plaintiff sought cancellation money due to the voluntary rescission of the right to lease transfer contract against the Defendant or a penalty for default due to the Defendant’s nonperformance, and sought compensation for damages and consolation money accordingly. The first instance court rendered a judgment on the entire failure of the Plaintiff. Since the Plaintiff filed an appeal only on the part of the termination money or penalty among them, only this part is subject to the judgment of this court.
2. Basic facts
A. On April 21, 2014, the Plaintiff acquired a “D” store located in the Busandong-gu Busan Metropolitan City (hereinafter “instant store”) and entered into a lease transfer agreement with the Defendant on the instant store (hereinafter “instant contract”) with the aim of conducting computer repair, excessive sales, charging business, etc., and adjusted the lease deposit amount (hereinafter “right”) at KRW 10 million after consultation with the Defendant. The Plaintiff, as the down payment for the said right, remitted KRW 1 million to the Defendant on April 22, 2014 and KRW 2 million on May 7, 2014.
B. The Plaintiff prepared a letter of performance of the transfer of store (hereinafter “instant performance letter”) with the following contents and demanded the Defendant to affix a seal, but the Defendant, on the ground that the content of the above performance letter cannot be agreed, corrected the part that does not comply with some of the contexts.
The transferor promises to transfer the instant store to the transferee by June 15, 2014.
On June 15, 2014, the building owner and the lease contract shall be prepared. If the assignee fails to comply with the promise by the above date, the down payment for the transfer of the store shall be waived, and the penalty shall be compensated twice under the Acts related to real estate.
Store deposit: 10 million won premium: 10 million won (afterward) was refused.
C. On June 12, 2014, the Plaintiff’s store of this case.