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(영문) 수원지방법원 2018.12.20 2018가단528472
약정금
Text

1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and 5% per annum from June 1, 2018 to July 4, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On April 11, 2017, the Plaintiff and the Defendant jointly leased the Young-si C building D units in Suwon-si, and opened the party hall of this case “E” (hereinafter “E”) and operated the party hall of this case.

B. On November 3, 2017, the Plaintiff entered into a contract with the Defendant to transfer 50% of the Plaintiff’s share in the right of lease, facilities, and goodwill of the instant party hall (hereinafter “instant transfer contract”) with the Defendant, and was paid KRW 30 million as down payment from the Defendant.

Part of the terms of the contract shall be as follows:

Article 1 (Purpose) The transferor and the transferee shall also enter into a contract for the acquisition of facilities and business rights as follows by mutual agreement:

- Total premium of KRW 140 million - down payment of KRW 30 million - payment at the time of the contract - payment of KRW 60 million - intermediate payment of KRW 60 million - payment at the time of completion of the lease of the F building G (However, payment shall not exceed any balance) - Payment of KRW 50 million - Payment in May 31, 2018 - Payment within the limit of transfer: the right of lease of a store equivalent to 50 percent of interest, the facilities in the present state, and the goodwill of Article 4(1) of the Business Right, until the transferee pays the intermediate payment (if there is no intermediate payment agreement), the transferor shall compensate for the remainder of the down payment, and the transferee may waive the down payment and rescind this contract.

(2) If the terms and conditions of this contract have not been fulfilled by the transferor or transferee, the other party may notify in writing the person who has failed to perform such contract and rescind the contract.

(2) The transferor shall order the facilities and business rights to the transferee, along with the change of the name of the commercial lease, at the same time as the down payment is received.

3. Profits and expenses (including rents, management expenses, 5.a.t) incurred by the said workplace until October 31, 2017, and various taxes and public charges shall be borne by the transferor.

(4) An operator of the business at the time of existing business at the same time as the down payment shall be closed, and a transferee shall register a new business.

6. The intermediate payment by the date specified above.

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