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Reasons
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(영문) 인천지방법원 2016.06.30 2015가단229197
권리금
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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The following facts may be acknowledged by integrating the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 3, Eul evidence No. 3 and 4, and Eul evidence No. 7.

On January 1, 2012, the Plaintiff leased the lease deposit amount of KRW 100 million for each lease deposit, from January 1, 2012 to December 31, 2014, the lease deposit amount of KRW 6 million for each of the lease deposit, from January 1, 2012 to December 31, 2014, and operated EF points at each place.

B. Around April 5, 2013, the Plaintiff and the Defendant entered into a franchise agreement with the effect that the Defendant will take over all the facilities and rights of the 10th floor F points from the Plaintiff for KRW 300 million. At the time, the Defendant paid KRW 150 million out of KRW 300 million, and the remainder of the rights shall be paid KRW 150 million until December 31, 2013. However, the Defendant withdrawn the intention of the F Points and did not pay KRW 150 million in the remainder of the premium, the Defendant returned KRW 130 million after deducting KRW 20 million from the pre-paid premium, and the Plaintiff’s name was changed.

3. On April 26, 2013, under the understanding of C, the Plaintiff and the Defendant changed the name of the lessee with respect to the 10th of the F Point from May 1, 2013 to December 31, 2014, respectively. The Defendant received the transfer of the name of the 10th of the F Point from the Plaintiff on May 2, 2013 and operated the F Point from the Plaintiff on May 2, 2013.

2. The assertion and its judgment

A. The Plaintiff asserted that the Plaintiff did not pay the remainder of the premium to KRW 150 million, even though the Defendant’s 10th class of the F point that was transferred from the Plaintiff until January 2016, and that the Plaintiff unfairly received KRW 34 million in the remainder of the lease deposit to the 9th class that the Plaintiff should have received from the lessor C, so the Defendant paid the Plaintiff the remainder of the lease deposit to the said KRW 184 million and the damages for delay.

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