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(영문) 서울서부지방법원 2020.02.13 2018가합34445

임대차보증금 반환 등

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Defendant B Co., Ltd. shall pay to the Plaintiff KRW 250,00,000 as well as its annual interest from November 13, 2018 to February 13, 2020.

Reasons

1. Basic facts

A. C’s promotion of the establishment of a branch institute is a corporation engaging in E business, etc., and as well as the main source located in Mapo-gu Seoul Metropolitan Government F, Nonparty I, the representative of C, entered into a contract with Nonparty J on June 25, 2015 for the transfer of rights (hereinafter “instant contract for the transfer of rights”) to establish a branch institute. The main contents are as follows.

It is the name before the change of K in the contract for the transfer of rights.

I (A) and the assignee J (B) enter into a contract for the transfer of rights as follows:

[Article 1] The purpose of this Agreement is to take over 50% of the power of representation of all rights and obligations concerning the business of the Foundation A operated by the Foundation A.

[Article 2] As to the entirety of the goodwill of this Agreement, the following shall be assigned:

1. (Re-transfer to B by K 50 per cent of the rights and obligations of the President of the I for the Project.

2.B shall pay A the rights and obligations that A has paid and at the same time, 30% of the equity in B and 30% of the equity in B to the Foundation-related business, and 30% of the equity in B to A.

(The amount of loans borrowed by the Foundation shall be adjusted and settled in 50 per cent by Gap and Eul); 4. The operation of the Foundation and its branch shall be operated under the authority of Gap.

(5) The establishment of a branch office of the Foundation shall carry out under the authority of Section B.

7.B shall proceed in consultation with A all the progress of the project.

[Article 6] B shall proceed in line with the rights and obligations of the Foundation's business, and all days shall proceed with A.

3) The J around that time is a building of eternally LA (hereinafter “instant building”).

(4) The J decided to establish a branch institute in the Ministry of Employment and Labor, and promoted the establishment of a branch institute by leasing the second floor of the instant building to use the second floor of the building. (4) The J changed the articles of incorporation (in order to move the branch office to the instant building) to the Ministry of Employment and Labor.