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Reasons
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(영문) 서울남부지방법원 2018.09.07 2017가단236200
약정금
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1. The Plaintiff:

A. Defendant C’s KRW 174,561,680 as well as 5% per annum from June 1, 2015 to September 7, 2018, and the following:

Reasons

1. Basic facts

A. On June 11, 2014, the Plaintiff entered into a lease agreement with Defendant A with the terms of a deposit of KRW 50,000,000, monthly rent of KRW 10,000, and the term of lease from June 20, 2014 to July 31, 2020 (Article 2 of the contract provides that the term of lease shall be from June 20, 2014 to July 20, 2020 (from June 20, 2014 to June 20, 2014, the term of the contract stipulated in the special agreement shall be six years from June 20, 2014 to July 31, 202) to operate the gas station (hereinafter “instant lease agreement”).

At that time, Defendant C entered into an above lease agreement on behalf of Defendant A, a type of sale, and the Plaintiff was handed over the instant gas station on June 20, 2014 after entering into the said lease agreement, and the Plaintiff has operated the gas station with facilities by changing the form of the accelerator in the form of the accelerator.

B. From that point of view, Defendant A and Defendant B agreed to sell all of the gas stations, including the gas station sales facilities and real estate, to Nonparty F around March 20, 2015 and deliver the gas station of this case around April 30, 2015, which were the co-owners of the gas station of this case (the land was registered as owned by Defendant A, and the building was registered as owned by Defendant A and B as owned by each of 1/2).

C. The Plaintiff demanded the Defendants, who requested the termination of the instant lease agreement, to compensate for the Plaintiff for the installation cost, etc. invested by the Plaintiff in the instant gas station.

Accordingly, on April 30, 2015, Defendant C promised to pay to the Plaintiff approximately KRW 160,000,000 and KRW 49,000,000 in cash for new facilities, including accelerator abandonment, by May 31, 2015. If the promise is made, it shall comply with all the penalty.” (hereinafter “instant promise”).

After that, the Defendants.

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