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(영문) 대구지방법원 2020.05.28 2019가합204818
경업금지 및 손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On September 10, 2018, the Plaintiff and the Defendants concluded a transfer contract with respect to G Licensed Real Estate Agent Office (hereinafter “instant brokerage office”) on the first floor of the Daegu Suwon-gu F Ground Building operated by the Defendants (hereinafter “instant brokerage office”) (hereinafter “instant transfer contract”), and the main contents are as follows.

Rights (Facilities) Transfer Agreement

1. Location of real estate indicated, Daegu Metropolitan City Suwon-gu F;

2.(Purpose) The transferor and the transferee of the right to the above real estate shall enter into a contract for acquisition of the right as follows by agreement:

The sum total premium (Won 80,000,000) shall be paid at the time of contract and the sum total of 10,000,000 won (Won 10,000,000) shall be paid on October 15, 2018.

The scope of transfer (facilities, etc.) G is brought by the transferor and various tax accounts and cleaning.

The well-being shall be provided.

(other than Computer, Equipment Equipment Equipment Equipment Equipment) Article 2 (Transfer) (other than Computer, Equipment Equipment Equipment Equipment Equipment Equipment) The transferor shall transfer the above immovables to the transferee by the day before the commencement of the lease contract, and the transferor shall remove all the matters impeding the exercise of the right of lease and deliver all the facilities and equipment to the transferee at the same time as the balance is received and the transferee shall operate immediately.

except as otherwise provided in the agreement.

Article 4 (Cancellation of Contract) The transferee may compensate the transferor for the amount double the contract deposit, and the transferee may waive the contract deposit and rescind it until the transferee pays the intermediate payment (if there is no intermediate payment agreement, the balance).

If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may request the other party to pay the penalty in accordance with the termination of the contract.

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