권리금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On March 6, 2016, the Plaintiff: (a) purchased a store on the Da and 1st floor, Chungcheongnam-gun, Hongsung-gun, Hongsung-gun (hereinafter “instant store”); and (b) leased a deposit of KRW 10 million and monthly rent of KRW 1.3 million and operated a restaurant with the trade name “E”.
B. On July 25, 2016, the Plaintiff and the Defendant agreed to transfer the instant store’s facilities to the Plaintiff so that the Plaintiff may enter into a new lease contract with C, and the Plaintiff paid the Defendant KRW 6 million, including KRW 1 million on July 25, 2016 and KRW 5 million on August 5, 2016 (hereinafter “the instant premium”).
C. Since then, it is impossible for the Defendant to repair the food washing and cooling that the Defendant transferred to the Plaintiff, and the Defendant returned to the Plaintiff on August 11, 2016 a total of KRW 8,50,000 among the premium in the instant case.
While the Plaintiff was conducting remodeling works for the instant store, it discovered water leakages from the main wall of the kitchen and the toilet, and requested repair to the Defendant, but the repair was delayed, the Plaintiff delivered the instant store to the manager around August 12, 2016.
[Ground of recognition] Facts without dispute, entry of Eul's evidence No. 3, entry of Eul's evidence No. 2, witness F's partial testimony, and purport of whole pleadings
2. Determination as to the cause of claim
A. On July 25, 2016, the Plaintiff and the Defendant concluded a sublease contract with respect to the instant store. On July 25, 2016 and August 5, 2016, the Plaintiff paid a total of KRW 6 million to the Defendant for the premium. Since the Plaintiff was discovered in the process of remodeling construction of the instant store, and the Plaintiff requested for a sub-lease contract to the Defendant, but the sub-lease contract was rescinded by the Defendant’s refusal, the Defendant is obliged to pay the Plaintiff the unpaid balance and KRW 5,150,000,000 from the instant premium.
B. The sub-lease contract is a lessor who re-leaseds the leased object.