logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.02.03 2016나52425
권리금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 20, 2014, the Plaintiff entered into a contract with the Defendant to purchase the purchase price of KRW 60 million (hereinafter “instant transfer contract”) of the shopping mall (hereinafter “instant shopping mall”) from the Defendant’s “Ocheon-gu, Ocheon-gu, Ocheon-gu, C” (hereinafter “instant store”). Around March 20, 2014, the Plaintiff agreed to pay KRW 5 million to the Defendant each on April 30, 2015, on the date of the said transfer contract, the intermediate payment of KRW 31 million, the remainder payment of KRW 24 million, to the Defendant by April 30, 2015.

B. The contents of the transfer contract of this case as the special agreement are as follows, and the attached Form of the transfer contract of this case contains the following: "The payment shall be made not later than April 30, 201, whichever is 36 million won including the deposit, and the remaining 30 million won shall be paid not later than April 30, 2015, which shall not include 6 million won of the deposit." On the same day, the lease contract for the store of this case (hereinafter "the lease contract of this case") made between the plaintiff and the defendant (hereinafter "the lease contract of this case"): "The deposit amount shall be 6 million won, payment date: the special agreement can be made on April 30, 2015; the balance may be paid at the time of the implementation of the contract of this case; the contract of this case shall be established at the time of completion of deposit of 36 million won, the remaining amount shall be paid not later than April 30, 2015; the domain name of this case shall be separately included in the transfer object -D, the deposit amount of 60 million won, 2.6 million won.

C. On March 31, 2014, the Plaintiff paid 36 million won in total to the Defendant the down payment and intermediate payment.

On April 1, 2014, the Plaintiff received the instant store from the Defendant, and began its business after being transferred the domain name of the shopping mall of this case on or around April 7, 2014. The Defendant was involved in the Plaintiff’s operation of the store by attending the said store for the Plaintiff’s operational period.

arrow