(영문) 인천지방법원 2016.05.24 2015나9608 | 리걸엔진

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(영문) 인천지방법원 2016.05.24 2015나9608

임대료 등

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. On April 2012, the Plaintiff entered into a contract for the construction work of the instant franchise with the co-defendant C (hereinafter “C”) of the first instance court, who is the husband of the Defendant, set the contract amount of KRW 750,000,000 (excluding value-added tax), and paid KRW 50,000,000 to C as the down payment.

Since then, H Co., Ltd. (hereinafter “H”) was established as an internal director, and the Plaintiff and H (Representative G) entered into a contract for remodeling construction works with respect to the instant maternity on June 27, 2012.

(F) The contract date column was corrected on August 26, 2012. (B)

On August 27, 2012, the Plaintiff entered into a lease agreement with C on the instant cartel, with the co-defendant I (hereinafter referred to as “I”) and the Defendant in the first instance trial, which were in a partnership business relationship with respect to the remodeling construction and the operation of the instant cartel with C on August 27, 2012 (e.g., the agreement on the operation of the instant cartel with Defendant and I on September 5, 2012 on the operation of the instant cartel with an equity interest of 50:50), and entered into a lease agreement with C by September 20, 2014. The lease agreement was concluded between the Plaintiff and the Defendant as the lessee, and KRW 300,000,000, monthly rent (for three months after the opening of the business, KRW 6,00,000,000).

(hereinafter “instant lease contract”). Paragraph (2) attached to the instant lease contract is 40,000,000 won, excluding the rental deposit of KRW 300,000,000 among the construction cost of KRW 750,000,000,000, which is a contract deposit, by the lessor (Plaintiff) as the down payment.

8. 28. Payment shall be made, and the remainder of 360,000,000 won shall be paid from the following day following the receipt of the compensation for the land owned by the lessor.

Paragraph 3 provides that "The Lessee (Plaintiff)" shall be ".

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