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(영문) 대구지방법원 2017.05.16 2015가단115388
투자금반환 청구의 소
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from August 6, 2015 to May 16, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. From April 201, the Defendant had operated the restaurant with the trade name “E” by leasing the first and second floors of the building (hereinafter “instant leased building”) from Nonparty D’s network to KRW 25,000,000,000, from around Daegu Suwon-gu.

B. Nonparty F, etc. succeeded to the leased building of this case from Nonparty D as of November 9, 201 from Nonparty D, and completed the registration of ownership transfer on July 2, 2012.

C. Around June 16, 2014, the Plaintiff and the Defendant drafted a “transfer contract of rights” regarding the above “E” restaurant, and the main contents are as follows.

§ 1. The transferee (Plaintiff) will pay the amount of transfer of rights as follows:

-10,000,000 won for down payment shall be paid on June 16, 2014.

- The remainder 60,00,000 won shall be paid on June 25, 2014.

§ 3. The succession or renewal of the existing lease agreement to the assignee must be in accordance with the commercial practice of the transferor (defendant) and the transferee.

§ 4. If the obligations are not fulfilled under Article 3 until the payment of the balance, the transferor shall reflect the amount received from the transferee and shall invalidate this contract.

[Matters of Special Agreement]

2. Subject to the recontract with the present building owner.

4. The assignee acknowledges and concludes a contract that the transferor was subject to an administrative disposition on August 2, 2013, and subsequently changed the use to Class II root.

On June 16, 2014, the date of preparation of the above contract for transfer of rights, the Plaintiff remitted KRW 10,000,000 to the Defendant.

E. Around June 24, 2014, the agreement between the Plaintiff and the Defendant on the acquisition of 50% shares of the “E” restaurant was drafted, and the main contents are as follows.

§ 1. The transferee (Plaintiff) will pay 50% of the security deposit and premium (based on building owners and non-contracts) as follows:

-10,000,000 won for down payment shall be paid on June 16, 2014.

- The intermediate payment of KRW 10,000,000 shall be paid on June 24, 2014.

- The balance of KRW 7,500,000 shall be paid promptly after the settlement of the facility.

§ 3. The time limit for the assignee.

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