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(영문) 창원지방법원 통영지원 2018.08.23 2017가단1737

계약금 등 반환

Text

1. As to KRW 36,00,000 and KRW 31,000,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 5,00,000 from April 14, 2017.

Reasons

Basic Facts

On December 1, 2016, the original Defendant entered into a CPC franchise agreement (hereinafter “instant franchise agreement”) with the effect that the Defendant granted the Plaintiff the right to operate the PC store at the head office Msan Changdong Headquarters and the Plaintiff operates the PC bank at Msan Changdong Headquarters (hereinafter “instant franchise agreement”).

In the instant franchise agreement, the location of the franchise store was set at KRW 195,415,00,000 in total, the D2 stories in Changwon-si, Changwon-si (hereinafter “instant store”).

On November 4, 2016, the Plaintiff paid 1,000,000 won as down payment, and 30,000,000 won as part of the franchise price on December 2, 2016.

On November 30, 2016, the Plaintiff entered into a lease agreement with E as to the instant store (hereinafter “instant lease agreement”) with the owner of the instant store, which is KRW 20,000,000, monthly rent of KRW 2,200,000, and the instant lease agreement was added as the special terms and conditions under the instant lease agreement.

The Plaintiff removed total of KRW 9,00,000 from the removed company on January 3, 2017 and on the 10th of the same month when the Plaintiff removed the instant store to the preparation stage for remodeling to change the inside of the PC room to the PC.

However, it was revealed that the store of this case was unable to obtain a business license for the PC because it was impossible to obtain a fire-fighting permit due to illegal expansion. Accordingly, on February 28, 2017, the Plaintiff filed a lawsuit against E seeking the return, etc. of lease deposit (this Court Decision 2017Ga1744), and the following adjustment was established on June 29, 2017.

1. E, the owner of the instant store, shall pay to the Plaintiff KRW 16,000,000 as follows.

6,00,000 won shall be paid on June 29, 2017.

B. By July 13, 2017, the Plaintiff restores the basic electrical facilities inside the PC, removes the entire internal facilities, and the Defendant confirms it on July 13, 2017 and pays KRW 10,000,000 to the Plaintiff.

2. If any.