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Reasons
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(영문) 서울중앙지방법원 2016.11.11 2014가합50574
임대차보증금등
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1. The Defendant shall pay to the Plaintiff KRW 260,00,000 and the interest rate of KRW 15% per annum from September 13, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of the Kafa, Lestop franchise business, and training business, and operates a coffee specialty franchise with the trade name "Kafa".

B. On June 2013, the Plaintiff entered into a franchise agreement with B to operate the Plaintiff’s franchise store “C”, the Plaintiff’s franchise store, and concluded a franchise agreement with B to operate the said store “C” on July 25, 2013 due to the lessor’s circumstances (hereinafter “instant franchise agreement”).

C. On July 25, 2013, the Plaintiff and the Defendant (stock company E) entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the condition that KRW 200,000,000,000 per month, monthly fee, 20% of the net sales, and the lease period from February 1, 2014 to February 1, 2020.

B As indicated below, the account is designated from the account in the name of husband G to the account in the name of the Defendant’s name, totaling KRW 200 million, and the account is designated by the Defendant, a lessor in the name of a book-to-face link (hereinafter “L-to-face link”) designated by the Defendant, as the account to receive remittance of the cost of the development fund separately from the lease deposit.

A total of KRW 60 million and KRW 130 million were remitted to the account in the name designated by H by the Plaintiff’s Staff H.

The details of the recipient’s passbook on July 25, 2013, 1, Defendant BBC G lease deposit amounting to KRW 60 million on July 25, 2013, 201, KRW 70 million, KRW 60 million on July 25, 2013, KRW 200 million, KRW 30 million on August 1, 2013, KRW 420,000, KRW 100,000,000 on the payment of IF G consulting services at KRW 50,000 on August 1, 2013, KRW 520,000 on the payment of IFG consulting services at KRW 60,000 on August 5, 2013, KRW 200,00 on July 5, 2013, KRW 700,000 on July 16, 207.

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