logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.11.30 2017가단69894
채무부존재확인
Text

1. As to the attached agreement, the obligation of the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff) is KRW 140,000,000.

Reasons

1. Basic facts

A. The Defendant is a person who operated a restaurant with the trade name of “E” in Ulsan-gu D 205 and 206 (hereinafter “instant shopping mall”) from C, and the Plaintiff was a person who introduced the Defendant from F and decided to succeed to the lease agreement on the instant shopping mall.

B. On August 11, 2017, the Plaintiff and the Defendant agreed to succeed to the above lease agreement, which is a condition identical to the lease agreement entered into with C, the deposit amount of KRW 80 million, and KRW 4.6 million, which is a monthly rent. On the same day, on the same day, the Plaintiff entered into a contract with the Defendant to pay KRW 190 million as premium (hereinafter “the instant premium agreement”), and the Plaintiff paid KRW 50 million to the Defendant as down payment.

C. The remainder payment date stipulated in the instant premium agreement was September 10, 2017; however, around September 14, 2017, after the payment date of the remainder, the Plaintiff and the Defendant drafted a modified contract under which the terms and conditions were to be changed to January 10, 2018 on the date of the remainder payment.

(The date of preparation is September 10, 2017). D.

Since September 28, 2017, the Plaintiff and the Defendant: (a) rescinded the instant premium contract; and (b) concluded a special agreement under which the Plaintiff would not institute a civil lawsuit in the future (hereinafter “instant agreement”); and (c) agreed that “A shall own the down payment of KRW 50 million paid to the Defendant” (Article 50,000,000) as “B” (Article 50,000,000). In light of the Defendant’s view that “A” under the instant agreement is the Defendant, it appears that “B” appears to be the error of KRW 50,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,00

‘The contents’ set forth the contents.

E. The above agreement shall be attached.

arrow