(영문) 서울남부지방법원 2018.07.10 2016가단224996

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(영문) 서울남부지방법원 2018.07.10 2016가단224996

차임 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. Facts of recognition;

A. (1) On September 25, 2013, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the terms and conditions that the three floors of Dbuilding in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) were “40 million won of rental deposit,” “2.3 million won of monthly rent (excluding value-added tax)” and “period from September 25, 2013 to September 24, 2014,” respectively.

(2) The Plaintiff registered the business of operating liquor sales business under the trade name of “E” and operated the head office on the instant real estate.

B. (1) On August 29, 2014, the Plaintiff concluded a sublease contract between the Plaintiff and F with the effect that “30 million won of the deposit (the Plaintiff and F shall bear half the expenses of KRW 13 million, and the Plaintiff shall deduct 6.5 million of the deposit from the deposit)”, “monthly rent of KRW 3.25 million,” and “from September 14, 2014 to September 13, 2015” to sublease the instant real estate.

However, the above sub-lease contract was made in the name of the defendant, not the F.

(2) At the time of the conclusion of the said sub-lease contract, the Plaintiff and F agreed that “I conduct business activities with the above business registration completed in the name of the Plaintiff, and F bears the expenses and taxes incurred by F in relation to the said business activities, and the monthly rent under the instant lease agreement” (hereinafter “instant agreement”).

C. (1) The Defendant, including the conclusion of a partnership agreement between the Defendant, F, and G, shall operate the instant real estate as “H” as a joint project with regard to the business operation conducted on September 20, 2014, between F and G. However, the Defendant and G are in charge of the management of the business and employees, and F are in charge of the business strategy, the establishment of an additional workplace, and consulting, and all systems, the interior and operation methods are intellectual property of joint business operators, and is a citizen who suffers during the business.

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