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(영문) 춘천지방법원 2017.11.15 2016나54340
기타(금전)
Text

1. The part of the counterclaim filed by the Defendant (Counterclaim Plaintiff) in this Court is dismissed.

2. The judgment of the court of first instance.

Reasons

1. Basic facts

A. On August 1, 2016, the Plaintiff entered into the instant contract with the Defendant with respect to the general restaurant “C” (hereinafter “instant store”) located in the instant building, and paid the down payment of KRW 15,000,000 to the Defendant (hereinafter “instant down payment”).

[Indication of the commercial building which is the object of lease] Location of the original city: D business type: The area of general restaurant leased: 182.1 square meters [the current status of a lessee's lease]: The monthly rent of 50,000 won (50,000 won): the contract period of 30,000 won: October 31, 2016 to October 30, 2019 [the contents of a contract] Article 1 (Payment of Premiums) of the Act shall be paid to the lessee the premium as follows:

Total premium: daily KRW 150 million (150,000,000): The remainder that is paid at the time of a contract and received: The payment shall be made on October 30, 2016.

Where a lease contract is not concluded between a lessor and a new lessee by the payment date of the remainder, the lease contract date shall be deemed the remainder payment date.

Article 2 (Duties of Lessees) (3) The lessee shall transfer the following tangible and intangible property value in return for the premium until the new lessee pays any balance:

Type of property value: Intangible property value, such as business facilities and equipments: Customer, credit, business know-how, business interest, etc. according to the location of a commercial building, and registration of a trademark (Cancellation of a contract and compensation for losses) Article 4 (Cancellation of and Compensation for Damages) (1) In cases where a new lessee has not made an intermediate payment (in the absence of an intermediate payment agreement), the lessee shall compensate twice the down payment, and the new lessee may waive the down payment and cancel the contract.

(4) The provisions of the Civil Act shall apply to the cancellation of a contract and compensation for damage unless otherwise specified in this contract.

[Matters of Special Agreement]

1. The balance date may be advanced, and various public imposts shall be borne by the transferor at the time of balance; and

1.This Agreement.

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