(영문) 서울중앙지방법원 2015.05.15 2014가단5051384

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(영문) 서울중앙지방법원 2015.05.15 2014가단5051384

손해배상등

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1. As to the Plaintiff KRW 100,000,000 and its KRW 50,000,000 among them, Defendant A Co., Ltd. shall start from November 10, 2013, and 50.

Reasons

1. Presumed factual basis

A. On October 5, 2012, the Plaintiff entered into a sublease contract with the Defendant Company (hereinafter “instant sublease contract”) with the content that KRW 50 million in sublease deposit, KRW 50 million in the rent month (payment on October 10 through November 9, 2012), and KRW 500,000 in the rent month (payment on October 10 through November 9, 2013), which set the period as KRW 13 months in advance (hereinafter “instant sublease contract”).

The Plaintiff paid the Defendant Company the down payment of KRW 10 million on the date of the contract, and the remainder of KRW 40 million on October 9, 2012, respectively, and around October 10, 2012, the Plaintiff received delivery of the instant commercial building from the Defendant Company and operated the liquid book store at that place.

B. The instant commercial building was leased by the Defendant Company from the non-party E, the owner at the time. However, on February 28, 2013, the Plaintiff concluded an agreement on the transfer of real estate lease agreement with the Defendant Company (hereinafter “instant transfer agreement”) and paid KRW 50 million to the Defendant Company as down payment in order to obtain the status of lessee from the Defendant Company.

The main contents of the transfer agreement of this case are as follows.

(1) The transferor shall enter into a direct lease contract with the owner and agree on the terms and conditions of the contract, and the transferee shall enter into this agreement by providing the transferor with payment of KRW 120,000,000 to the transferor as premium.

(2) Premium amounting to KRW 120,000,000 and KRW 50,000: Payment shall be made at the time of entering into the instant transfer agreement.

Any balance of 70 million won: If the transferor who deposits into the transferor's account at least four hours before the transferee and the owner enter into the lease contract wishes to file a return on additional tax, the value-added tax shall be paid separately.

(3) The transferor under the terms and conditions of the lease contract between the transferee and the owner shall make every effort to conclude the lease contract with the transferee as follows:

Deposit:

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