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(영문) 울산지방법원 2014.11.28 2014가단11962
보증금반환 등
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. From the Defendant (Counterclaim Plaintiff) to KRW 20,000,000, “from February 14, 2014.”

Reasons

1. Basic facts

A. On April 14, 2013, the Defendant: (a) separately leased a parcel of 65.64 square meters in part (b) in the column (hereinafter “instant store”); (c) lease deposit; (d) lease deposit; (e) monthly rent; and (e) lease period of 1.1 million won from April 14, 2013 to 24 months from April 14, 2013, which connects each point of the attached Table 2, 3, 6, 5, and 2 of the ground plan on the 1st floor among the 131.28 square meters of the 1st floor of a building indicated in the attached Table, in turn

(hereinafter referred to as the "Lease of this case")

After that, the Defendant started the sales business by making the instant store a business place as “D” and registering its business with the trade name “D”.

C. On November 9, 2013, the Defendant and the Plaintiff agreed to the Plaintiff to assign the instant store’s goodwill, including the instant store’s facilities and fixtures, to the Plaintiff by setting the rental deposit of KRW 20 million, monthly rent of KRW 1,100,000,000 from November 9, 2013 to April 13, 2015 (hereinafter “the instant sub-lease”), and to transfer the instant store’s goodwill, including the instant store’s facilities and fixtures, to KRW 80,000,000,000.

(hereinafter referred to as the “Agreement”). D.

After that, the Plaintiff paid the Defendant KRW 20 million in the name of the sub-lease deposit, and KRW 80 million in the name of the premium, and started business at the instant store.

E. On April 1, 2014, the Plaintiff received a certificate from Nonparty E (the first owner of the instant store, and C, the lessor of the instant lease, died on October 13, 2013, and F acquired the instant store as a spouse of C through inheritance by consultation and division, and E had Fhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

[Ground of recognition] Facts without dispute, Gap 1 through 3, Eul 1, 8, Eul 18-1, 2, the purport of the whole pleadings

2. As to the main claim

A. The plaintiff's major assertion (1) is the plaintiff's assertion (A).

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