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(영문) 의정부지방법원 2018.09.20 2018나203334
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff leased the lease deposit of KRW 101,00,000 and KRW 1.6 million per month from the building owner, Seoyang-gu D Commercial Building Co., Ltd. (hereinafter “instant store”) to KRW 50,000,000 from November 1, 2014 to March 31, 2016, operated “F (hereinafter “F”) in the name of the Plaintiff’s wife E in the name of the Plaintiff’s wife from November 2014 to March 2016.

B. On February 2016, the Plaintiff agreed to transfer the right to operate the instant task to the Defendant, who had worked as an employee in the instant task, and entered into a contract with the Defendant for transfer or acquisition of the right (hereinafter “instant contract”) with the following content.

Premiums for the instant tasks shall be KRW 10 million.

(Contract Amounting to KRW 1 million shall be paid in a way that deducts monthly wages from April, and the balance of KRW 9 million shall be paid on May 1, 2016). The Plaintiff removes all matters that interfere with the exercise of the right to lease with respect to the store of this case, and transfers all facilities of this case to the Defendant so that the Defendant can run his business immediately at the time of the receipt of the balance.

From April 1, 2016, the defendant bears the telephone, electricity, management expenses, Internet expenses, etc. for the business activities of the instant bakeries.

From April 1, 2016 to the time when the name of the title of the instant task is changed to the defendant, the defendant bears all taxes on the profits from the operation of the instant task.

Since the Defendant is currently unable to rent the instant store from the owner of the building because it is difficult to prepare a lease deposit for the instant store, the Defendant first intends to pay the Plaintiff the premium and take over the sales right of the instant store. However, if the Defendant’s individual rehabilitation procedure is stable in the future, the lease deposit for the instant store shall be paid to the Plaintiff, and the lease contract for the instant store shall be concluded in a fixed manner between the owner of the building and the owner of the building.

C. The Defendant from April 1, 2016 to August 1 of the same year.

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