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(영문) 서울동부지방법원 2015.08.21 2015가단103273
계약금반환
Text

1. The Defendant’s KRW 12 million to the Plaintiff and the Plaintiff’s 5% per annum from April 20, 2015 to August 21, 2015.

Reasons

1. Basic facts

A. On October 20, 2014, the Plaintiff entered into a contract with the Defendant to transfer or take over the right to real estate facilities and the right to lease (hereinafter “instant contract”) with respect to the three-story D stores in Seongdong-gu Seoul, Seoul, where the Defendant leased and operated (hereinafter “instant main stores”).

B. The main contents of the right contract in the instant contract are as follows, and the Plaintiff paid 12 million won as down payment (2 million won for lease transfer and takeover deposit and down payment of KRW 10 million) to the Defendant on the day of the contract.

Article 1 75 million won (payment at the time of a contract) of the contract amount under Article 1 75 million won (payment at the time of a contract) shall be delivered to the transferee by the day immediately before the commencement of the lease contract in such a condition that the transferor is able to exercise the right to the said real estate, and the transferor shall remove all matters impeding the exercise of the right to lease and deliver all facilities and goodwill to the transferee in such a condition that the transferee can conduct the business immediately upon the receipt of the balance.

except as otherwise provided in the agreement.

Article 4 (1) The transferor shall compensate for the amount double of the down payment before the transferee pays the intermediate payment (if there is no intermediate payment agreement, the balance), 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.

- Not more than -

C. On February 2, 2014, the Defendant was informed by the competent administrative authority of the fact that an entertainment receptionist employment business (violation of Article 44(1) of the Food Sanitation Act) was conducted by the Defendant, and received notification of the scheduled suspension of business for one month on April 28, 2014, and received notification of the scheduled suspension of business on October 2014.

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