(영문) 수원지방법원 2017.02.02 2016가단524445

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(영문) 수원지방법원 2017.02.02 2016가단524445

기타(금전)

Text

1. The plaintiff's main claim and the defendant's counterclaim are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On December 19, 2015, the Plaintiff entered into a contract with the Defendant to acquire the facilities and rights as follows (hereinafter “instant acquisition contract”), and paid 10 million won the down payment to the Defendant on the same day.

The indication of real estate: In the event that the transferor or transferee fails to perform any of the terms and conditions of this contract at the time of the contract, the other party may give written peremptory notice to the person who has failed to perform the contract and rescind the contract. The other party may cancel the contract by giving written peremptory notice to the transferor or transferee.

In addition, the parties to the contract may claim the other party to a penalty for cancellation of the contract, and the down payment shall be deemed as the standard for penalty (Article 4(2)). The transferor shall endeavor to conclude the lease contract between the owner and the transferee based on the "Terms and Conditions of the Lease" (it may be changed at the request of the owner) under the following subparagraphs (the terms and conditions of the lease contract may be changed at the request of the owner) before the outstanding payment date, and where the lease contract is not normally concluded or does not proceed, the

Terms and conditions of the lease of objects to be transferred or taken over - Owner's personal information: E - Lease relationship: Lease deposit of KRW 50 million: Monthly rent of KRW 2.8 million, contract term of KRW 2.8 million, from October 7, 2015 to October 6, 2017

On December 21, 2015, the Plaintiff entered into a contract for the lease of the instant store from E as a broker by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 2.8 million, and the lease period from December 28, 2015 to October 27, 2017.

C. On December 28, 2015, the Plaintiff: (a) called “the instant store became unable to take over;” and (b) invalidated the lease agreement; and (c) said, “E”.

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