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(영문) 서울고등법원 2015.09.04 2015나6359
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in the entries in Gap evidence 1 to 4, Gap evidence 5-1, 2, Gap evidence 8, Gap evidence 9, and evidence 21:

From around 2006, the Plaintiff operates a mobile phone sales store with the trade name of “E” in D shopping mall, and the Defendant, whose representative director is F, operates the mobile phone agent of Ecomcom Co., Ltd. (hereinafter “Ecom”) with the company established for the purpose of wholesale and retail business of communications equipment.

B. Around May 2010, the Plaintiff promoted the establishment of a new mobile phone sales store at the store located in G 1st, Gwangjin-gu, Seoul (hereinafter “instant store”). To that end, on May 7, 2010, the Plaintiff set the lease deposit amount of KRW 150 million from H to May 30, 2013, and leased the instant store from May 31, 2010 to May 30, 2013.

C. On May 2010, the Plaintiff opened the instant store directly with the Defendant and agreed to operate the instant store (hereinafter “instant operating agreement”). For this purpose, the Plaintiff was appointed as the Defendant’s director on May 17, 2010, and on June 1, 2010, the Plaintiff agreed to change the name of the lessee as to the instant store from the Defendant (hereinafter “instant agreement”) as follows.

[1] At the time of the first lease agreement, the Defendant pays to the Plaintiff the lease deposit (150 million won) paid by the Plaintiff individual to the lessor, and the name of the lessee is changed to the Defendant. 2) After the period of mutual agreement (from June 1, 2010 to May 31, 2012) during the future lease agreement (from June 1, 2010 to May 31, 2012), the Plaintiff received KRW 150 million to the Defendant.

3. At the time of the first lease agreement, the Plaintiff bears the burden of paying the premium to the Plaintiff, which is the right to the leased store.

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