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(영문) 수원지방법원 2014.11.25 2013가합23009
계약금 등 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 200 million per annum from November 5, 2013 to the day of complete payment.

Reasons

1. On May 22, 2012, the Plaintiff entered into a contract with the Defendant to transfer or acquire “C” (hereinafter “instant store”) with the following content:

(hereinafter referred to as the “instant contract”). - Article 2 (Succession to Business): Every transaction partner in transactions with the Defendant as of the date of the transfer or acquisition of the business shall guarantee the continued transactions by acquiring at the time of the Plaintiff at his/her own discretion, and shall guarantee the rights and criteria as a franchise store of the instant business store after acquisition.

Article 3 (Reference Date of Transfer and Acquisition): The reference date of transfer and acquisition between the plaintiff and the defendant under this Agreement shall be set on June 1, 2012, and all the procedures of acquisition shall be succeeded prior to that date.

In addition, as of June 1, all ownership, including the rental deposit of stores, shall be exceeded to the plaintiff, and the plaintiff shall operate it under all the responsibility.

except that on the date of deposit without more than the balance of section 4 below, all legal authority and sales, including deposits for rental, with respect to this store, shall be recognized as owned by Section B.

Article 4 (Transfer and Acquisition Value): The transfer price under this Agreement (hereinafter referred to as "transfer price") shall be KRW 320 million, including the lease deposit, and the plaintiff shall pay the transfer price to the defendant at the following schedule:

In addition, even if this contract is terminated due to the failure of the plaintiff to perform his obligations under this contract, the down payment shall not be refunded.

1. Contract deposit: 200 million won by May 31, 2012;

2. Balance: The balance under paragraph (2) shall be 120 million won until December 30, 2012 shall be until December 30 of the last day, and if it is possible to adjust monthly payments, and even if it is paid in full, it shall be recognized as owned by the plaintiff by documentizing all the products of all stores, including the security deposit, under Article 3.

On May 31, 2012, the Plaintiff paid the Defendant the down payment of KRW 200 million as stipulated in the instant contract, and at the Defendant’s request, KRW 4 million on June 11, 2012 and KRW 10 million on June 20, 2012.

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