(영문) 청주지방법원 2016.04.27 2015가단14006

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(영문) 청주지방법원 2016.04.27 2015가단14006

임대차보증금반환 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2, 2013, the Defendant entered into a sub-lease agreement with the Non-Party 1, which stipulates that the Cheongju-si 304 (hereinafter “instant store”) of the Cheongju-si Seoul Building KRW 40 million, monthly management fee of KRW 40 million, monthly management fee of KRW 400,000, and the period from March 1, 2013 to March 29, 2017, and operated the clothing lending business, such as clothes and dices, with the trade name “D beauty shop” at the instant store.

B. On December 30, 2013, the Defendant entered into a contract for transfer and acquisition of rights (hereinafter “instant contract”) with the Plaintiff. The main contents are as follows.

(1) Location: Cheongju-si Cheongdong-gu 304 "D beauty shop" : 18 million won 【transfer scope (a facility, etc.): all the facilities in operation (excluding the interior and all other cosmetics and beauty art equipment): the defendant shall accept and transfer the facility to the plaintiff by January 5, 2014, and the plaintiff shall directly operate the facility from January 6, 2014.

(v)Article 4(3) of the Loan Agreement provides that the Defendant shall make maximum efforts between the owner and the Plaintiff to enter into the lease agreement with the owner on the basis of the following terms and conditions of the lease agreement (the change may be made at the request of the owner) before the date of the remainder payment. In the event that the lease agreement is not normally concluded or does not proceed, the contract on the quantity of rights and the water supply

Terms and conditions of a lease contract for the goods (as from January 5, 2014 to March 29, 2017) to be transferred or taken over from January 5, 2014 to March 29, 2017, the monthly rent of KRW 00,000,000,000;

C. The Plaintiff paid 18 million won premium under the instant contract to the Defendant, and paid 30 million won under the name of the deposit, and the Plaintiff and the Defendant drafted a cash storage certificate as follows on December 30, 2013.

by March 29, 2017

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