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(영문) 서울중앙지방법원 2015.11.18 2015가단12404
매매대금등
Text

1. The Defendant (Counterclaim Plaintiff) shared KRW 10,400,000 with respect to the Plaintiff (Counterclaim Defendant) and its related amount from December 12, 2014.

Reasons

1. Basic facts

A. On September 30, 2014, the Plaintiff agreed to transfer both the right of lease (a deposit KRW 120 million) and the right of business to the Defendants around September 30, 2014, while operating F in the first floor of Seocho-gu Seoul, Seocho-gu E underground.

(Defendant B and C are married, and Defendant D is married.)

The Defendants paid the Plaintiff KRW 100,000,000 on September 30, 2014, and KRW 70,000 on October 7, 2014, in return for the transfer of F business licenses.

Meanwhile, around that time, the Defendants added 1.5 million won to the Plaintiff under the name of the tree value for the flusium, the replacement expenses for the flusing pumps, and the installation expenses for the Internet, and decided to deduct 1.1 million won from the electric water supply and sewerage charges for 7 days in which the Plaintiff operated F during October.

(The additional payments shall be KRW 400,000).

On October 8, 2014, the Plaintiff and the Defendants indicated the following in the column of the proviso to the form of “(the lease on a deposit basis, monthly rent) real estate lease agreement” in relation to Franchis transfer of business rights:

(A, hereinafter referred to as “instant provision”) d.

The Defendants, from October 8, 2014, operated FF.

E. On October 15, 2014, the Plaintiff sent to the Defendant, on October 7, 2014, a document verifying that, under the F Lease Agreement, the Plaintiff received KRW 10,40,000,000,000,000,000 (111,50,000,000,000), KRW 1,040,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000 won.

F. The Defendants paid KRW 120 million to the Plaintiff as the F Lease Deposit.

[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Party’s assertion 1) Plaintiff F’s right of lease and the transfer price of goodwill are KRW 250 million in total ( KRW 120 million in lease deposit) and KRW 130 million in lease deposit.

However, the Defendants paid the lease deposit of KRW 120 million and the premium of KRW 100 million.

Therefore, the Defendants are therefore.

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