(영문) 수원지방법원성남지원 2016.01.22 2015가단207944

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(영문) 수원지방법원성남지원 2016.01.22 2015가단207944

계약금반환청구

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1. The claim of this case is dismissed.

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

Reasons

1. Presumed factual basis

A. The Defendant: (a) purchased a deposit of KRW 104,700,000, monthly net sales, 20% from May 4, 2012 to May 3, 2017 (hereinafter “instant lease agreement”); and (b) operated a coffee E store at the instant store.

(hereinafter “instant coffee store business”). B.

On March 1, 2015, the Plaintiff acquired the instant coffee store business from the Defendant in the amount of KRW 160 million for premium (hereinafter “instant business transfer and takeover agreement”) and paid the Defendant a down payment of KRW 23 million to the Defendant on the date of the contract. The main contents of the said contract are as follows.

Article 2: The term of the lease contract between the lessor and the transferee (Plaintiff) shall be the remainder of the lease contract, and if the rent is increased, the transferor (Defendant) shall be paid or liable for the remainder of the lease contract.

Provided, That if the lease contract term is the remainder, the remainder means the remainder leased by the transferor.

Article 3. The transferor shall endeavor to conclude the lease contract with the transferee and the lessor to the maximum extent possible, and if the lessee and the transferee are unable to enter into the lease contract due to any cause not attributable to the transferor and transferee due to the problems of the lessor, both parties may cancel the contract without penalty even after the intermediate payment is made.

The special agreement - The current rent is KRW 14.7 million and the net sale of rent is 20%, but the transferee shall succeed without objection to the existing rent from the existing rent to the increase of 2%, and the transferor shall pay 10 million won when the rent is increased.

(12 per cent of the conversion rate of rental deposit) . - If the lease contract (the between the plaintiff and the lessor) is known, the transferor will return the full amount paid to the transferee.

[Ground for recognition] Unsatisfy, Gap evidence 1, and

유사 판례

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