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(영문) 서울남부지방법원 2019.09.27 2018가합101100
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 220,342,465 as well as KRW 200,00,000 among the costs, from April 14, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is running a restaurant from May 10, 2016 to Goyang-si D Building E (hereinafter “instant store”) in Goyang-si, Seoyang-si (hereinafter “instant store”).

C and the dispute occurred, etc., the operation was suspended.

B. The Plaintiff filed a lawsuit against C for the delivery of a building with the Jyyang District Court 2016Kadan8558, and C filed a claim for damages against the Plaintiff as the same court No. 2017Kadan73026.

At present, each lawsuit between the plaintiff and C is pending in the same court as the transfer of the collegiate panel(s) 2018Gahap75064(s) and 2018Gahap75071(s)(s).

Meanwhile, the Plaintiff and C filed a franchise fee claim lawsuit against the Plaintiff and C as Seoul Central District Court 2017dan5025638.

C. On May 4, 2017, the Plaintiff set the instant store as KRW 100,000,000 for the term of lease from July 24, 2017 to July 23, 2022 (five years), the lease deposit as KRW 100,000,00 for the rent, and the rent as KRW 7,50,00 for the Defendant, who runs the restaurant business.

In order to open a restaurant at the instant store, the Defendant started the installation of the interior facility at the instant store with the Plaintiff’s permission.

However, the previous partner C sought the instant store and claimed the ownership of the facility in the instant store, demanding the Defendant to suspend the installation of the internal facility.

E. The Defendant demanded the Plaintiff to resolve the claim on the above rights.

On July 28, 2017, the Plaintiff promised to the Defendant “to resolve the above problem by August 10, 2017 so that the Defendant may continue to carry out the internal facility construction.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, and 9, the purport of the whole pleadings

2. On July 5, 2017, the Plaintiff entered into a lease agreement with respect to the cause of the claim, the interest rate of KRW 300,000,000 shall be 25% per annum and the due date for payment shall be January 4, 2018.

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