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(영문) 의정부지방법원고양지원 2017.08.25 2016가합74791
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Article 1 of the Terms and Conditions of the Agreement provides that the transferor shall pay the following amounts to the transferor in return for taking over the business rights of the karaoke machine in this case.

- Total operating premium of KRW 217 million (a contract deposit of KRW 20 million shall be paid at the time of the contract, any balance of KRW 197 million shall be paid on June 30, 2016) - The amount shall be an amount calculated by subtracting a rental deposit. Article 3 shall remove all matters impeding the exercise of business rights and deliver to the assignee with all documents related to the facilities and business so that the assignee may immediately operate the business at the time of the receipt of the balance.

Section 4. This contract is a contract on goodwill or premium, and the goodwill means all intangible property values, such as tangible objects such as business facilities, fixtures, etc., customers, credit, customer security, business know-how, and store location.

Article 5 The transferor shall be liable to compensate for any damage caused to succession to business rights by intention or negligence.

Article 13 In cases where either the transferor or the transferee fails to perform this contract, the other party may notify in writing and cancel the contract, and may claim a penalty for breach of contract in accordance with the cancellation of the contract.

In such cases, the down payment shall be considered as the penalty.

Article 21 If the transferee operates an enterprise by changing the type of business to another type of business of the transferor, the transferee's sales are irrelevant to the sales performance of the previous transferor, so the transferee shall not be held liable for the sales to the supervising company on the ground that the sales after the change of the type of business is low.

The actual contents of the special agreement

2. The remainder shall be transferred after the lease contract, and the transferor shall be liable for any problem and cost arising in relation to the facility among the business affairs concerning the change in the name of the company.

On May 17, 2016, the Plaintiff is the case where 'D 'D k practice room' located on the ground and above 1 lots of Mapo-gu Seoul Metropolitan Government and the Defendant.

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