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(영문) 수원지방법원안산지원 2020.03.18 2018가단61461
권리금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 2014, the Defendant: (a) leased 30,000,000,000 deposit money to the D Apartment E Complex shopping Complex F (hereinafter “instant store”); and (b) operated the head office (hereinafter “instant head office”) with the trade name of “G”.

Around the end of 2015 or at the beginning of 2016, H, the Defendant’s wife, leased half of the I shop attached to the instant I shop (hereinafter “instant I shop”) in KRW 20,000,000 and KRW 20,000,000 as premium, and constructed a passage by having a door on the wall between the instant shop and the instant I shop. The instant I shop was also used as the business space of the instant I shop.

On or around September 6, 2017, the Plaintiff did not prepare a premium agreement with the Defendant, stating that: (a) KRW 60,000,000,000 of the premium for the instant store, such as goodwill, know-how, facility costs, etc., should be paid to the Defendant a total of KRW 30,000,000,000 for the instant store; and (b) the Plaintiff should pay the Defendant a total of KRW 90,000,000 for the premium for the instant store; (c) the premium agreement was not prepared.

(hereinafter referred to as “the premium contract of this case”) was concluded.

On September 6, 2017, the Plaintiff paid the Defendant a total of KRW 72,00,000,000 for the remainder of KRW 71,000,000 on September 18, 2017, and the remainder of KRW 18,00,000 was substituted by the Plaintiff’s acceptance of the Defendant’s obligations against J.

The Plaintiff entered into a lease agreement with C on September 18, 2017 by setting the lease deposit amount of KRW 30,000,000 with respect to the instant store, from September 18, 2017 to September 17, 2019. The Plaintiff is operating the instant house, as it is, the trade name and business facilities used by the Defendant upon delivery of the instant store.

[Ground of recognition] Facts without dispute, Gap 1, 2-1, 2-2, 3, 4, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1 or H representing the Defendant is the annual sales of the instant store.

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