beta
Text
1. The Defendant amounting to KRW 50,000,000, and the Plaintiff’s KRW 15% per annum from October 13, 2017 to May 31, 2019.
Reasons
1. Basic facts
A. The Defendant is a person who operates a coffee specialty (hereinafter “instant coffee specialty”) with the trade name “D” in Busan East-gu C.
B. On July 25, 2017, the Plaintiff entered into a contract with the Defendant to acquire or transfer (hereinafter “instant acquisition agreement”) all rights, such as goodwill and facilities, on the instant coffee specialty store operated by the Defendant, from the Defendant (hereinafter “instant acquisition agreement”), and paid down payment KRW 50 million to the Defendant on the same day.
[Contents of contract] Article 2 (Transfer of leased Articles) provides that the transferor is able to exercise the right to the said real estate and delivers it to the transferee by the day before the commencement of the lease contract, and the transferor removes all the matters impeding the exercise of the right to lease and deliver all the facilities and business rights to the transferee so that the transferee can conduct the business immediately at the same time with the receipt
except as otherwise provided in the agreement.
Article 4 (Cancellation of Contract) (1) In the event that the assignee does not have an intermediate payment (in the absence of an intermediate payment agreement, the transferor shall compensate for the amount double the down payment, and the transferee may waive the down payment and rescind this contract.
(2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.
In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the contract deposit shall be regarded as the standard for penalty.
(3) The transferor shall make utmost efforts to conclude a lease agreement with the owner and the transferee on the basis of the following "the terms and conditions of the lease agreement" (which may be changed at the request of the owner) before the date of the remainder payment, and when the lease agreement is not normally concluded or does not proceed, the lease agreement shall be rescinded.