(영문) 대구지방법원 2016.02.17 2015가합346

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(영문) 대구지방법원 2016.02.17 2015가합346

보증금반환

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1. The Defendant (Counterclaim Plaintiff) paid KRW 29,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from June 19, 2014 to September 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 26, 2013, the Plaintiff entered into a contract with the Defendant to pay each Defendant the remainder of KRW 100 million to the Defendant at the time of the Erenz succession contract, by taking over all the facilities and business rights of the D stores located in the second floor in Busan-si (hereinafter “instant coffee shop”) operated by the Defendant in total of KRW 330 million, including the lease deposit of KRW 100 million.

Of the special terms and conditions stipulated in the “Agreement on Transfer and Acquisition of Rights” (No. 2, No. 1) prepared at the time of the conclusion of the above contract, the issues of the instant case are as follows:

After receiving from January 1, 100, the Plaintiff is responsible for the expenses incurred in the facility, interior, and parking lot rent.

After verifying the facilities and goods, 230 million won shall be paid.

The defendant shall pass all business profits (sales) generated from January 1 to the plaintiff.

The defendant tried to operate the store from January 1 to October 31 so that the plaintiff can operate the store.

Defendant

9. 30. The proceeds of goods and various public charges used until 30.

Any balance at the time of the registration of the business operator. The remitter:

f. All conditions are reversed and paid in full upon non-performance;

However, the Plaintiff did not pay the Defendant the down payment of KRW 230 million under the contract dated September 26, 2013.

C. On October 11, 2013, F, which promoted the joint purchase of the instant coffee shop with the Plaintiff, transferred KRW 2 million to the new bank account (G account number) in the name of the Defendant.

On October 11, 2013, F entered into a contract with the Defendant to transfer all the facilities and goodwill of the instant coffee shop in total of KRW 340 million, including KRW 100,000,000,000,000,000,0000,000,0000,0000,000,000,000,000,000,000,000,000,000 won.

was made at the time of the conclusion of the above contract.

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