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(영문) 서울동부지방법원 2018.01.12 2015가단103686
손해배상(기)
Text

1. From September 25, 2015 to January 12, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 8,379,353 to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On December 201, the Plaintiff and the Defendant concluded a partnership agreement (hereinafter “instant partnership agreement”) with the purpose of accepting and operating a single-type store operated by D on the second floor of the building located in Jongno-gu Seoul Metropolitan Government (hereinafter “instant store”).

B. On December 4, 2011, the Plaintiff and the Defendant concluded a lease agreement between F and F with respect to the instant store under the Plaintiff’s wife E with the terms of KRW 30 million, monthly rent of KRW 2800,000, and the lease period from December 5, 2011 to June 4, 2012. The Plaintiff paid KRW 30 million on the date of the contract.

C. On December 4, 2011, the Plaintiff and the Defendant entered into a contract for the transfer of rights and facilities with D’s wife G to acquire the right and facilities of the instant store as premium of KRW 80 million. The Plaintiff paid the Plaintiff the down payment of KRW 20 million on the day of the contract to D and the Defendant paid the remainder of KRW 20 million.

As to the instant store, the Defendant’s principal operation from the end of December 201 to the end of February 2012, 201, after completing the registration of business under the name of E on December 16, 201, and the Plaintiff operated the instant store on the ground that the Defendant, who had another store at that time, retired from the occupation of the said store, was unable to operate the instant store on the ground that the Defendant, who had been holding another store at that time, discontinued the occupation of the said store.

E. As to the instant store, the Plaintiff continued to operate the store from the beginning of the operation, and eventually, around December 2012, the Plaintiff disposed of the right to lease, rights, and facilities of the instant store to H, and received KRW 100 million from the price around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 5 and 8, witness D's testimony, the purport of the whole pleadings

2. Determination as to the principal lawsuit and the counterclaim

A. The plaintiff 1.

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