임대료
1. Items 1 and 2 of the judgment of the court of first instance, including the plaintiff's claim expanded at the trial court, are as follows.
1. Facts of recognition;
A. On March 16, 2013, the Defendants, operating LPG sales stores under the trade name between the Plaintiff and the Plaintiff engaging in LPG wholesale and retail business, entered into a special agreement with the LPG sales store transfer agreement (hereinafter “instant transfer agreement”) stating that “The Plaintiff shall acquire 70% of the shares in C from the Defendants in KRW 126,00,000,00,000. However, the Defendants leased and operated C for three years, and, in principle, purchase all of the professional gas sold in C to the Plaintiff.”
B. Of the instant transfer transfer contract and special agreement, the contents pertaining to the instant case are as follows.
Article 6 (Lease and Operation of Sales Store and Name of Business Operator)
1. The Defendants shall lease and operate C, have all their rights and duties and responsibilities in respect of management, and the Plaintiff shall exercise their rights as share holders.
3. The Defendants shall pay the Plaintiff monthly rent as follows, and the payment method includes the product price purchased by C from the Plaintiff. A.
Professional board: 150 won per kg of a container under a special contract for the transfer or takeover of this case.
2. The Defendants set the unit price and rent for the pro rata as follows to the Plaintiff.
Supply Unit Price: 200 won/km
(b) Rent: 150 won/km energy in a container; and
(c) Rent shall be calculated on the basis of the professional board purchased by the plaintiff and the charging station.
C. On April 24, 2013, the Plaintiff drafted a written agreement with the Defendants on the settlement of the price, etc. stipulated in the instant transfer/acquisition agreement.
From May 2013 to October 2013, the Defendants purchased 49,161kg total professional gas from the Plaintiff, and 102,770k total professional gas from Jeju Energy Co., Ltd.
[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1, 2, 3, and 14, testimony of witness D of the first instance trial, the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. According to the fact of recognition as above, whether the obligation to pay rent arises or not.