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(영문) 창원지방법원진주지원 2017.10.24 2016가단35495
약정금
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from October 1, 2016 to October 24, 2017 to the Plaintiff.

Reasons

1. Article 1 of the facts of the foundation / [Purpose] The transferor and transferee of the right to the above real estate shall enter into a contract for acquisition of the right as follows by agreement:

The scope of transfer of total premium l0 million won (facilities, etc.) shall include all facilities other than personal goods in B.

Provided, That matters excluded by mutual agreement shall be specified separately.

Article 2 (Transfer of leased Articles) The transferor shall deliver the above real estate to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all the obstacles to the exercise of the right of lease, and at the same time upon receipt of the balance, deliver all the facilities and goodwill to the transferee so that the transferee can conduct the business immediately.

Article 4 [Cancellation of Contract] (2) If the transferor or transferee fails to perform any of the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the contract deposit shall be regarded as the standard for penalty.

(3) The transferor shall endeavor to conclude a lease agreement with the owner and the transferee to the maximum extent possible on the basis of the terms and conditions of the lease agreement (any change may be made at the request of the owner) set forth below, and where the lease agreement is not normally concluded or the lease agreement does not proceed, the contract on the acquisition of this right shall be rescinded, and the down payment and intermediate payment

Article 5 In the event that there is an obstacle to the business of the transferee due to the cause attributable to the transferor, all the responsibility of the transferor shall be the transferor, and the full amount of the premium specified in this Agreement shall be refunded.

From January 2013, the Defendant was operating the table gate (hereinafter “instant table gate”) with the name “D” in the building on the ground of Jinju-si from January 2013, and the above table gate gate on July 29, 2014.

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