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(영문) 인천지방법원 2014.02.20 2013가단23142

권리금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From June 200 to June 201, the Defendant leased one story of the underground floor of the Bupyeong-gu Incheon Metropolitan Government Building C (hereinafter “instant building”) from the lessor D to operate the “Egymnasium.”

B. D, the owner of the instant building, intended to remodel the instant building from around 2009. However, upon the lessee’s request for postponement of remodeling, submitted the C Building Agreement and each letter (hereinafter “each of the instant forms”) stating that “I, on June 30, 2013, terminate the lease agreement on the premise of the lessee’s inevitable circumstances (i.e., disg., disg., degradation) and surrender the leased building to D without any condition, by July 1, 2013.”

C. On July 7, 2011, the Plaintiff entered into a transfer contract with the Defendant on the acquisition of all rights and obligations regarding the above sports hall business (hereinafter “instant contract”) (However, the contract is drafted on July 31, 201) and its main contents are as follows.

The acquisition price of the contract of this case under Article 3 (Transfer Price) shall be five million won including deposit money of 13 million won.

On July 4, 2011, the Plaintiff paid two million won to the Defendant as down payment, and one million won out of the difference of three million won shall be paid on July 31, 201, and the remainder of two million won shall be repaid on July 25, 201.

(Application Date from August 201). Article 4 (Change of Name) of the Defendant concluded a lease agreement with D, the owner of E-sports Center building, on the condition that the Defendant would pay monthly rent of KRW 1 million from July 1, 201 to June 30, 2013, and thereafter agreed that D would comply with D’s meaning without any condition such as sub-paragraph.

The defendant explained this content to the plaintiff, and the plaintiff enters into a contract with the building owner.