(영문) 대구지방법원김천지원 2017.07.27 2016가단33772

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(영문) 대구지방법원김천지원 2017.07.27 2016가단33772

권리금반환

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1. The Defendant shall pay to the Plaintiff KRW 23,00,000 and the interest rate of KRW 15% per annum from October 29, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On March 3, 2016, at the C Licensed Real Estate Agent Office, the Plaintiff entered into a contract under which the Defendant and the Defendant transferred the right of lease to the “E” restaurant (hereinafter “instant restaurant”) on the ground of the Gu/U.S. and one parcel of land (hereinafter “instant transfer contract”).

The main contents of the instant transfer contract are as follows.

Article 3 (Relation to Lease Contract) Where a lease contract is not concluded due to reasons not attributable to a lessee and a new lessee, such as refusal of a lessor's contract, unreasonable alteration of terms and conditions, damage to the object, etc., this contract shall be null and void, and the lessee shall immediately return the down payment, etc.

Article 4 (Cancellation of Contracts and Compensation for Damages) (2) Where a lessee or a new lessee fails to perform the terms of this contract, the other party may notify in writing the person who has failed to perform the contractual obligations and cancel the contract.

(3) Where a new lessee fails to commence his/her business or serious defect has occurred due to business suspension, cancellation, removal order, etc. of the object of lease due to any cause which occurred during the period of business of the lessee after the conclusion of this contract, the new lessee may cancel the contract, or claim damages against the lessee.

Even if a contract is cancelled, damages may be claimed.

B. Under the instant transfer contract, the Plaintiff paid each of the Defendant KRW 5 million on March 3, 2016, and KRW 18 million on March 8, 2016, respectively.

C. The Defendant decided to deliver the instant restaurant to the Plaintiff on May 10, 2016, but delayed the delivery date on July 10, 2016 upon the Plaintiff’s request.

However, on June 1, 2016, the Defendant returned the key to the instant restaurant to F, the owner of the instant restaurant building, and received a refund of its lease deposit.

The F removed the instant restaurant on June 2016.

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