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(영문) 수원지방법원 2018.03.28 2017나73013
계약금반환 청구의 소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On June 2016, Defendant C operated an exclusive delivery restaurant called “E” in Gwangju City under the name of the mother of the Defendant B, and placed an advertisement in F, “F, at least 450 square meters per day from among G factory food delivery 132 square meters per day, the organization securing a fixed customer with at least 450 square meters per day, 20 million won per month, monthly sales deposit, 700,000 won per month, and 200,000 won per month, and 200,000 won per premium consultation.”

B. The Plaintiff reported the content of the above F’s advertisement to Defendant C, and entered into a premium agreement for the lease of commercial buildings (hereinafter “the premium agreement of this case”) with the following contents.

[Indication of the commercial building which is the object of lease] Location: The business type D, E: the restaurant [Status of Lease by Lessee]: 20,000,000, monthly rent: 700,000 won [The contents of a contract] Article 1 (Payment of Premiums) of the Act shall be paid to the lessee as follows:

Total premium: 50,000 won of down payment 5,000,000 won is paid at the time of a contract and received at the time of the contract. No intermediate payment is made by the receiver: 45,00,000 won shall be paid until July 31, 2016.

Article 2 (Duties of Lessees) (1) A lessee shall arrange for a new lessee to a lessor, and shall cooperate so that a lease contract may be concluded between a lessor and a new lessee.

(2) A lessee shall cooperate in the transfer of telephone subscription rights, abolition of business registration, etc. so that a new lessee may commence normal business.

(3) A lessee shall transfer the following tangible or intangible property value in return for the premium until a new lessee pays any balance:

(4) A lessee shall maintain and manage the property value under paragraph (3) by performing his/her duty of care as a good manager until he/she transfers the property value under paragraph (3) to a new lessee until he/she transfers the property value under paragraph (3).

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