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(영문) 서울북부지방법원 2016.09.08 2014가단46058

권리금반환등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that, while the Plaintiff leased 155 square meters (hereinafter “instant store”) among the tourism accommodation facilities on the 11st floor in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the Plaintiff provided KRW 370 million with the premium for the business facilities and the house at home, and the Defendant leased the instant store, its business facilities, and the house at home to a third party upon the termination of the above lease term, the Defendant is obligated to pay the said premium or the amount of unjust enrichment, which is part of the said premium or the amount of KRW 100 million.

2. According to Gap evidence Nos. 1 through 6, Eul evidence Nos. 3 and 4, the plaintiff transferred the amount of KRW 50 million to the defendant on June 20, 2008, KRW 550,000 monthly rent (including value added tax of KRW 300,00,000, KRW 1085,00), the lease period from June 20, 2008 to June 19, 2010 (hereinafter "the lease of this case"), and the amount of KRW 300,000,000,000,000 won was no more than KRW 50,000,000 from June 3, 2008 to KRW 305,000,000,000,000,000,000 won was no more than KRW 500,000,000,000,000 for the lease of this case to the defendant.

. The store of this case is held by or to a third party.