채무부존재확인
1. Seoul Songpa-gu and 112 commercial buildings on March 10, 2010 against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The facts under the recognition may be found, either in dispute between the parties, or in full view of the statements in Gap evidence 1 to 5, 8 to 11, Eul evidence 1 to 8 and 11 (including each number), witness D's testimony and the whole purport of the pleadings.
On March 10, 2010, the Plaintiff, E (one person F), and G (hereinafter “Plaintiff, etc.”) decided to lease the instant store from the Defendant, the mother of G, one hundred million won (no actual payment shall be made due to the Defendant’s mother), four million won monthly rent (value-added tax separate, ten day payment per month), and the term of lease from March 10, 2010 to 60 months (hereinafter “instant lease agreement”) with the agreement (hereinafter “instant lease agreement”). The terms and conditions of all contracts were stipulated as follows.
B. On March 6, 2010, the Plaintiff et al. leased the instant store and agreed to operate a club business (hereinafter “instant club business agreement”). The profit was distributed in proportion to Plaintiff 25%, G30%, and E 45%, and the profit was settled on the 30th day of each month, and distributed the remaining amount excluding monthly rent, value-added tax, and expenses received.
Plaintiff
In accordance with the instant business agreement, etc., on March 10, 2010, after completing business registration by determining the trade name as “H,” the trade name was set as “I” and opened the clothing store and started the clothing sales business at the instant store.
C. On March 29, 2010, upon the occurrence of disputes regarding the operation of the instant store between E and the Defendant at 3 to 4 days after the instant club business started, E notified G of the reversal of the instant club business agreement by content-certified mail, and G sent content-certified mail on April 2, 2010, stating the intent to terminate the instant club business agreement, to the Plaintiff and E.
Plaintiff
On May 21, 2010, no monthly rent was paid to the Defendant, except for the monthly rent of 4 million won, and the store of this case is of this case.