(영문) 대구지방법원포항지원 2015.06.02 2014가합1527

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(영문) 대구지방법원포항지원 2015.06.02 2014가합1527

위약금등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 6, 201, the Defendant operated “G” in Nos. 202 and 203 (hereinafter “each of the instant partitioned buildings”) of the second floor Nos. 202 and 203 (hereinafter “each of the instant partitioned buildings”) of the building in South-gu, the Defendant entered into a contract with the Plaintiff under which he/she transferred his/her business and leased each of the instant partitioned buildings (hereinafter “instant contract”), and around that time, the Plaintiff paid KRW 10,000 for the premium of July 201 to the Defendant pursuant to the instant contract.

- The seller C (the Defendant) and the buyer (the Plaintiff) enter into a sales contract for all rights (not the virtual sale) of the Taekwondo Chapter.

- Total amount of premium : 500,000,000 - Contract amount: 10,000,000 won (50,000,000) and 6th day of each month.

- Contract term: From July 6, 201 to August 6, 2015, 10,000 won shall be paid in 50 installments, each on the six day of each month.

- The seller shall pay 100,000,000 won to the buyer all the amount performed between the seller and the seller in return for the failure of the seller to perform the contract without consultation with the buyer.

In addition, the priority of commercial sales shall be given to the buyer at the expiration of the contract.

- When the contract period expires, all rights to G (training courses, facilities, fixtures, four vehicles, etc.) shall belong to the buyer.

B. After that, the Defendant proposed that H sell each of the instant sections, and requested the Plaintiff to cancel the agreement of this case and lease each of the instant sections from H.

C. Accordingly, after having agreed with the Plaintiff to cancel the instant contract, the Defendant sold each of the instant partitioned buildings to H and I on July 18, 201, and H concluded a contract with the Plaintiff on the same day to transfer G’s business and lease each of the instant partitioned buildings from August 6, 201 to May 6, 2015.

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