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(영문) 서울남부지방법원 2015.10.16 2014가단49177
양수금
Text

1. Defendant B pays KRW 1,460,000 to the Plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff, in the same business with Nonparty D, leased the lease deposit of KRW 150 million from the lessor F in the name of the Plaintiff, KRW 150 million, monthly rent of KRW 550 million, and KRW 5500,000,000, and operated “I” (hereinafter “the instant store”) from September 2008, which is the franchise main store of G Co., Ltd. (hereinafter “G”) from around September 200, after consultation with F on January 5, 201.

B. On July 15, 2010, the Plaintiff and D transferred the instant store to Defendant B with the following content:

1. Defendant B shall operate the instant store from July 15, 2010.

2. The rent shall be paid by Defendant B from the payment date of the rent on August 15, 2010.

3. The acquisition amount shall be KRW 240 million (a security deposit of KRW 90 million, KRW 150 million for facility costs) and Defendant B shall pay to the Plaintiff and D two years after 2 years ( July 14, 2012).

4. During the agreed period of the subscription amount (from October 16, 2010 to July 14, 2012), interest shall be 5% per annum and deposited into a designated account from November 16, 2010.

C. From July 15, 2010, Defendant B operated the instant store under the name of the Plaintiff, and the registration of business in the name of the Plaintiff and D, in the status of being subject to the imposition of tax base, but failed to pay the price of the instant store on July 14, 2012.

Accordingly, on August 10, 2012, the Plaintiff and D obtained loans of KRW 50 million from the Alternative Unemployment Co., Ltd. (hereinafter “Alternative Unemployment”) in their own name. Defendant B received part of the payment in the manner of paying for the operating profit of the instant store; Defendant B agreed to pay the remainder of KRW 190 million up to December 31, 2013; Defendant B changed the said payment date as of October 21, 2013 at Defendant B’s request.

On April 3, 2014, the lessee of the instant store changed from the Plaintiff to Defendant C, KRW 100 million, and KRW 60 million, respectively. The Plaintiff and D did not pay monthly rent of KRW 65 million during the period in which the instant store was operated.

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