beta
(영문) 서울중앙지방법원 2018.05.04 2017가합546700

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The payment of KRW 50,000,000 is received from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

B The Plaintiff concluding a franchise agreement is a corporation with the purpose of manufacturing, recycling, processing, and selling cars, tubes, and accessories thereof.

(A) On September 1, 2008, the Plaintiff and the Defendant entered into a B franchise agreement stating that “The Plaintiff shall receive a certain amount of consideration from the Defendant in relation to the business that is the business that is the business that is the business that is the business that is the business that is the business that is specialized in other fish, and allow the Defendant to conduct its business with the same image as the Plaintiff, using the Plaintiff’s trade name, trademark, service mark, insignia, etc., and provide education support and control for the business.”

On December 6, 2013, the Plaintiff and the Defendant concluded the B franchise agreement with the same content as the above contract again.

On December 31, 2007, the Plaintiff entered into a lease contract between the Defendant and the Defendant for the lease deposit of KRW 30,000,000 for the instant building, KRW 1,001,00 for monthly rent (excluding value-added tax), monthly management expenses of KRW 413,00 for monthly management expenses (excluding value-added tax), and the period from January 1, 2008 to December 31, 2008.

On February 28, 2014, the Plaintiff and the Defendant concluded a lease deposit of KRW 50,00,000, monthly rent of KRW 1,910,000 (excluding value-added tax), monthly management expenses of KRW 810,00 (excluding value-added tax), and one-year lease contract from March 1, 2014 to February 28, 2015 (hereinafter “instant lease contract”), and the Defendant paid KRW 50,000,000 to the Plaintiff around that time.

In around 2016, the Plaintiff and the Defendant asserted that the Plaintiff was the monthly rent of KRW 2,025,00,000, which was the monthly rent of KRW 2,025,000. Since 2016, the Defendant did not dispute this, it is recognized that the monthly rent was raised at KRW 2,025,00 from 200.

(excluding value-added tax).