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(영문) 수원지방법원 2017.09.12 2016가단533364
양수금
Text

1. The Defendant: KRW 77,192,565 for the Plaintiff and KRW 6% per annum from June 25, 2016 to September 12, 2017; and

Reasons

1. Basic facts

A. On December 6, 2010, the Plaintiff leased the part of one floor among the neighborhood living facilities located in Suwon-si D (hereinafter “instant store”) at KRW 20 million in lease deposit and KRW 2.1 million in monthly rent. On December 10, 2010, the Plaintiff registered the business with the trade name “E” and operated the restaurant at the instant store.

(hereinafter “instant restaurant”). (b)

On October 23, 2012, the Plaintiff: (a) lent the instant store to the Defendant by determining the period from November 1, 2012 to October 30, 2014; and (b) the Defendant operated the instant restaurant using the passbook (hereinafter “instant passbook”) in the name of the Plaintiff and the name of the Plaintiff from November 1, 2012.

C. On March 15, 2013, on the ground that the Defendant did not pay rent and value-added tax, the Plaintiff filed a lawsuit against the Defendant for the surrender of a building under the Suwon District Court 2013dan204962, but the said court rendered a judgment against the Plaintiff on January 15, 2014.

The Plaintiff filed an appeal as Suwon District Court 2014Na6098 against the above judgment.

(hereinafter “instant appellate trial”) D.

On April 24, 2015, in order to recover the premium for the instant store, the Plaintiff: (a) placed F in physical color as a new lessee; and (b) concluded a lease agreement on the instant store between C and F on April 24, 2015.

(hereinafter “Separate Lease Contract.” On May 21, 2015, the Plaintiff agreed with the Defendant on May 21, 2015, that “The Plaintiff and the Defendant agree to agree on all civil and criminal issues as KRW 175 million, and to not conclude the instant contract in cooperation,” and on May 28, 2015, the Plaintiff agreed to pay a penalty of KRW 10 million (hereinafter “instant penalty”).

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