(영문) 서울중앙지방법원 2019.11.22 2019가단5164230

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(영문) 서울중앙지방법원 2019.11.22 2019가단5164230

계약금반환 등 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of litigation shall be borne by the plaintiff.

Reasons

. The total transfer amount of KRW 600,000 (the contract amount of KRW 50,000,000 on June 1, 2019, the intermediate payment of KRW 250,000,000,000,000 on June 1, 2019, and the payment of KRW 300,000,000,000,000 for the intermediate payment of KRW 250,000,00,000,000,000,000,000,000,000,000,000,000,000) may be notified in writing to the other party

In such cases, the down payment shall be deemed as the basis for penalty (the second down payment shall be deemed the down payment). If the transferor fails to perform this contract in Article 14 and Article 13, the transferee shall pay the down payment to the assignee, and if the transferee fails to perform this contract, the transferor shall not be liable to return the down payment to the assignee.

3. The lease deposit amount of KRW 10,000,000,000 monthly rent of KRW 5,000,000 (Additional Tax Separate Lease Contract) from October 1, 2017 to September 30, 2018 (12 months)* The transferee of the details of the lease * the date of payment of the lease deposit and the date of conclusion of the lease contract under Article 1, confirming the contents of the lease contract (hereinafter referred to as the “instant real estate”) is the date on which the transferor and the transferee agree with the transferor, and if no agreement is reached, the transfer of the business entity and the balance date of the acquisition contract.

Article 2 The term of the lease contract with the lessor and the transferee shall be 12 months, and if the rent is increased, the transferor shall be paid or responsible for the period of the contract.

(Provided, That if the lease contract term is the remainder, the remaining period 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 the lease contract shall be concluded on the grounds that the transferor and the transferee cannot be held responsible due to the problems of the lessor despite the transferor's efforts.

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