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(영문) 창원지방법원통영지원 2017.09.13 2016가단6322

물품대금

Text

1. Defendant B’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 6% from September 28, 2016 to September 13, 2017.

Reasons

1. On March 1, 2013, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 10 million and KRW 400,000 per month for part of the first floor of the building located in Defendant B and C, respectively.

Defendant B operated the fishing time with the trade name of “E” in the above building (the registered business operator at the fishing time was Defendant C), and the Plaintiff operated the store with the trade name of “F E” in the remaining part of the first floor.

Defendant B decided to take over the instant store from the Plaintiff around July 10, 2013, and concluded a lease contract again by re-determined the lease deposit amount of KRW 5 million including the store site, and KRW 1 million per month including the rent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 6, the purport of the whole pleadings

2. The Plaintiff asserts to the effect that the Plaintiff transferred the instant stores to the Defendants with the goods, fixtures, etc. in a set of KRW 40 million.

In addition to the whole purport of each statement in Gap evidence Nos. 7 through 21 (including the paper number), the plaintiff purchased the goods and fixtures equivalent to approximately KRW 49,58,896 (hereinafter "goods, etc.") while operating the store of this case from April 2013 to June 2013 (hereinafter "the goods, etc. of this case") (the freezing amounting to KRW 8,350,000, 3,050, 2,150,000, 3,050, 2,000, 2,000, 2,000, 2,000, 3,000, 2,000, 3,000, 2,000, 3,000, 2,000, and 3,000,000,000,000,00,000,00,00,00).

In full view of the above facts, Defendant B disposed of the materials, etc. at the instant store, including the use of containers, etc. installed at the instant store by himself in the pention operated by himself.

In addition, the defendant B's store of this case.