(영문) 부산지방법원 2014.12.18 2014가단201922

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(영문) 부산지방법원 2014.12.18 2014가단201922

건물명도

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1. The Defendant (Counterclaim Plaintiff) paid KRW 72,103,476 to the Plaintiff (Counterclaim Defendant) and its related amount from November 11, 2014 to December 18, 2014.

Reasons

1. Determination on the main claim

A. (1) On October 13, 2012, the Plaintiff entered into a partnership agreement with the Defendant with the following terms and conditions (hereinafter “instant partnership agreement”).

(A) The Plaintiff and the Defendant jointly leased D the Japanese Food Station (trade name: C; hereinafter referred to as the “instant restaurant”) located on the ground of the 15 million won of the lease deposit and the monthly rent of 1.7 million won of the rent.

However, KRW 100 million for the premium of the previous lessee F for the instant restaurant shall be paid by the Plaintiff.

(B) The Plaintiff invested the lease deposit of KRW 15 million and the premium of KRW 100 million for the instant restaurant, and the Defendant is in charge of operating the instant restaurant.

(C) Since the Defendant did not pay the investment fund at the same rate, it is confirmed that the lease deposit and the premium for the instant restaurant are the Plaintiff who invested in money.

In addition, it is confirmed that the deposit and premium after the expiration of the contract term are owned by the plaintiff as a matter of course.

(D) The Defendant is fully responsible for all material costs, personnel expenses, surcharges, and global income taxes related to the operation of the instant restaurant, and the Defendant is fully responsible for all legal issues, such as the salaries of employees of the said restaurant.

(E) The name of the business operator and credit card merchant of the instant restaurant shall be the Defendant.

(f) As the Defendant is only operating the instant restaurant, it is necessary to pay to the Plaintiff the part invested by the Plaintiff KRW 4 million each month from the opening date of the business (hereinafter “instant dividend”) for two years (24 months).

The defendant shall pay an unconditional amount regardless of the sale of the above restaurant.

② If the Defendant is unable to pay the amount to the Plaintiff at least twice (two months), the Defendant immediately ceases to operate the instant restaurant, and changes the registration name of credit card member stores to the Plaintiff.

3. The defendant shall pay to D as building owner.

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