Penalty and unpaid amounts under a store transfer contract
The client fitted out a shop for a dealership and first leased the business to another operator by oral agreement, on condition the operator paid the rent straight to the landlord. That arrangement ended and the client ran the shop again, then handed it over under a written transfer agreement. The operator failed to pay the agreed sums and let rent and management fees fall into arrears, which the client covered.
Business ownerShop transferContract penaltyUnpaid rentDealership
Partial win (일부 승소)Civil
Attorney Joo Youngjae of Saeyeoul Law Firm represented the plaintiff in a claim for penalty, etc. and obtained a partial victory judgment.
Overview of the case
The plaintiff had been operating an agency and transferred it to the instant store, installing interior construction and sales equipment, and orally agreed to lease the agency business to the defendant on the condition that the rent under the lease be paid directly to the lessor. When the business lease agreement for the instant store was terminated, the plaintiff operated it directly, then agreed to transfer the instant store to the defendant, signed a transfer agreement, and while the defendant was operating it again, the contract was lawfully terminated due to non-performance, such as failing to pay the agreed amount stipulated in the contract. It was argued that the defendant had an obligation to pay the rent and management fees directly to the lessor, but these were also unpaid, so the plaintiff paid them on behalf of the defendant, and that the remaining amount for products sold to the defendant upon entering into the business transfer agreement and the penalty for termination due to non-performance also had to be paid.
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