logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.29 2016나63950
기타(금전)
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. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the statement No. 9, which is insufficient to admit the defendant's argument for termination of the agreement as evidence submitted in addition to this court, is rejected; and (b) the following additional determination is the same as the reasons for the judgment of the court of first instance, except for adding "the following additional determination" as to the assertion emphasized or added by the defendant in this court. Thus, it

2. Additional determination

A. According to the plaintiff's assertion that there is no obligation to pay the settlement amount due to the plaintiff's unilateral shop lottery, the defendant asserts that Article 1 (2) of the lease contract of this case provides that "The specific location of the store shall be set up after payment of the balance, and the sales price shall be settled according to the size of the store determined by lottery," and Article 7 (3) of the same contract provides that "only if the purchaser pays the sales price in full for the number excluded from the open lottery due to the reasons attributable to the purchaser, such as the failure to pay the open lottery, the unpaid sales price, etc., he shall be allocated among the remaining unspecified stores of this case, and the defendant did not pay the 4th intermediate payment and the balance and participated in the open lottery of the store of this case, although the plaintiff unilaterally allocated the store of this case, the above allocation of the store is null and void. Accordingly, the defendant asserts that there is no obligation to

D. Therefore, the location of the store in Article 7 of the instant lease contract shall be determined by drawing two months prior to the commencement date of the designation period of the store, and the plaintiff shall notify the buyer one month prior to the drawing. In order for the buyer to participate in the open lottery, the full amount of the sale price shall be paid in full by seven days prior to the draw, and if there is any settlement money under the sales contract after the draw, the sales price shall be paid in full within 15 days from the store lottery.

arrow