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(영문) 의정부지방법원 2015.09.23 2014가합9370

권리금반환 등

Text

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

(a) deliver each real estate listed in the separate sheet;

B. May 2015

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Type of Business: 260 million won (contract amounting to KRW 20 million: KRW 60 million at the time of a contract, intermediate payment to KRW 60 million: KRW 180 million at the time of payment on May 31, 2012, the balance of KRW 180 million: Payment on June 10, 2012) contract period shall be two years, and the preferential right to re-contract shall be granted (Guarantee 5 years).

3) KRW 100,000,000, out of the balance of the premium, shall be paid at the time when the prescription is 2.50 or more per an average daily prescription, and at the same time, the rent shall be increased by one million.

5) Other matters are governed by the Lease Protection Act and mutually agreed upon. On May 11, 2012, the Plaintiff is entitled to each real estate listed in the separate sheet from the Defendant (hereinafter “instant store”).

B) A lease (hereinafter referred to as “instant lease agreement”) that is determined from June 10, 2012 to June 9, 2014 during the period of KRW 100,000,000 (excluding value-added tax), monthly rent (hereinafter referred to as “instant lease agreement”)

2) As to the instant store, the premium agreement on the premium agreement with the following contents (hereinafter “the premium agreement on the premium”).

(2) After the Plaintiff paid KRW 100 million to the Defendant a sum of KRW 160 million under the instant lease agreement and KRW 260 million under the instant premium agreement, the Plaintiff closed the business of the instant pharmacy on October 31, 2013 while operating the said pharmacy at the instant store. The Plaintiff paid only the rent to the Defendant until October 9, 2012, and thereafter, did not pay all rent until June 9, 2014. The Plaintiff occupied the instant store as of the date of the closing of argument in the instant case. The Plaintiff without any dispute over the grounds for recognition. The Plaintiff asserted that the Plaintiff’s claim for revocation of the judgment on the claim of KRW 160,000,000,000,000 to KRW 160,000,000,000,000.