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(영문) 광주지방법원순천지원 2015.01.28 2014가합1264
임대차보증금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company with the objective of franchise-related franchise business, franchise education, management consulting business, franchise licensing business, etc.

B. On January 19, 2013, the Plaintiff entered into a contract with Defendant B, the representative director of the Defendant Company, on the operation of the store in the Dong-gu, Gwangju-dong department store E stores (hereinafter “instant contract”) and paid KRW 100 million in cash to Defendant B.

Defendant B deposited the above KRW 100 million in his/her own account on January 21, 2013, but transferred the above KRW 50 million to the Defendant Company’s account on January 24, 2013 and February 25, 2013, and the Defendant Company accounted for it as a provisional payment.

C. On February 6, 2006, the Defendant Company entered into a lease agreement (hereinafter “instant lease agreement”) with a lot shopping company, setting the lease deposit amount of KRW 5,328,000, monthly rent of KRW 24%, from February 11, 2013 to December 31, 2015, and paid deposit amount of KRW 5,356,027 (including overdue charge 28,027) to the lot shopping on February 20, 2013.

The Plaintiff, from February 11, 2013, operated the instant store that sells Blut, etc. as the Defendant Company’s member store.

In the process, a lot department store deposited the amount calculated by deducting the rent amount from the sales amount of the store in this case to the defendant company, and the defendant company paid the remaining amount after deducting the cost of materials, etc. to the plaintiff.

E. On January 3, 2014, Defendant B transferred 70% of the shares of the Defendant Company F on the date of preparation of this Agreement between Defendant B and F, a director of the Defendant Company, and confirmed that F is a single shareholder of the Defendant Company.

From the date of the establishment of the Defendant Company to the date of the preparation of this Agreement, the Defendant Company.

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