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(영문) 서울북부지방법원 2018.02.23 2016가단152322
권리금 청구
Text

1. The Defendant: (a) KRW 21,322,400 for the Plaintiff and KRW 5% per annum from December 24, 2016 to February 23, 2018; and (b).

Reasons

1. Facts of premise;

A. (i) On December 6, 2012, the Plaintiff leased, respectively, a lease deposit of KRW 10,000,000, monthly rent of KRW 1,000 (excluding value-added tax), and a lease term of KRW 24 months from December 13, 2012, an empty store in Dongdaemun-gu Seoul Metropolitan Government was set and leased by the Defendant respectively.

Sheshe received the above store and operated the business registration with the trade name of "D", and the above lease was increased to KRW 1,100,000 for monthly rent on December 13, 2014 and renewed on December 12, 2016.

B. On September 17, 2016, the Plaintiff concluded a premium contract with the Plaintiff, a new lessee, and the Defendant’s refusal (i.e., the Plaintiff’s refusal to engage in a new lease contract with E until December 9, 2016, with the condition that E will engage in a new lease contract by December 9, 2016.

B. On September 19, 2016, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff requested the Defendant to refuse the renewal of the lease and to enter into a lease agreement with the new lessee arranged by the Plaintiff. At that time, the above content certification reached the Defendant.

Around September 23, 2016, the Defendant sent to the Plaintiff a certificate of content that the Defendant would refuse to renew the lease and return the store to its original state, as the Defendant would use the store in the event of the non-acceptance of the premium, the increase of the deposit, etc., and the above content certification reached the Defendant at that time.

Applicant on November 29, 2016, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff entered into a premium contract with E and thus changed the conclusion of a lease contract,” along with a copy of the premium contract. The content certification reached the Defendant around that time.

(v) However, the defendant refused the above proposal, and the lease contract between E and the defendant was not concluded, and the lease relationship between the original defendant is terminated, and the plaintiff is the defendant on December 12, 2016.

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