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창원지방법원 2015.07.10 2014가단22218
양수금
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1. As to KRW 100,000,000 among the Plaintiff and KRW 50,000 among them, the Defendant shall start from May 1, 2014 to June 30, 2014.

Reasons

1. Facts of recognition;

A. On April 2009, the Plaintiff entered into a lease agreement with C to lease the first floor of the building on the ground of Kimhae-si D (hereinafter “the leased object of this case”) with a deposit of KRW 100 million and KRW 3.2 million per month of rent. Around that time, the Plaintiff began to operate a restaurant “E” (hereinafter “E”) with delivery of the leased object of this case by paying a deposit of KRW 100 million to C.

B. Around September 2013, the Plaintiff succeeded to the amount of KRW 100 million paid by the Plaintiff to C and entered into a new lease agreement with the Defendant on the leased object of this case, and the Plaintiff received KRW 200 million in total from the Defendant on the condition that the leased object of this case, including all facilities and business rights in the restaurant of this case. Of which, at the time of the contract, KRW 50 million in the first intermediate payment, KRW 50 million in the second intermediate payment was concluded on September 30, 2013, and KRW 50 million in the second intermediate payment, KRW 50 million in the balance on April 30, 2014, and KRW 50 million in the second intermediate payment, as of September 30, 2014 (hereinafter “instant transfer agreement”).

C. After that, according to the instant transfer contract, the Defendant succeeded to the deposit of KRW 100 million paid by the Plaintiff to C, and entered into a lease agreement with C on the leased object. On the other hand, the Plaintiff began to operate the instant restaurant with the delivery of all facilities and business rights of the instant restaurant, along with the leased object. The Plaintiff was paid the down payment of KRW 50 million and the first intermediate payment of KRW 50 million from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant shall, barring special circumstances, pay to the plaintiff the second intermediate payment 50 million won according to the transfer contract of this case.