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(영문) 부산지방법원 2016.07.20 2015나45434
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The defendant.

Reasons

1. Facts of recognition;

A. From July 2008, the Plaintiff leased the Plaintiff’s 10 million won, monthly rent of KRW 1400,000,000,000 from Busan Dong-gu E, Busan, and KRW 116 and 117 (hereinafter “instant real property”) and changed the name of the Plaintiff into “G” with the inside facilities installed. On February 2, 2012, the Plaintiff received KRW 10,000,000 from H and transferred the beauty room (hereinafter “instant beauty room”). From among the beauty artists in the instant beauty room, two of the beauty artists, who are in the instant beauty room, decided to conduct their personal business.

B. However, on March 14, 2012, H failed to operate the instant beauty room to the Plaintiff, and the Plaintiff was introduced from the J of I Co., Ltd. I to acquire the said beauty room, thereby allowing the Defendant to do so. The Defendant on March 14, 2012 to H.

After paying the lease deposit of KRW 10 million as stated in paragraph (1), K et al. was employed and operated after taking over the above beauty art room.

(The trade name was changed to L). (C)

After that, after K’s closing of the cosmetic, the Defendant concluded a sublease contract with M on April 23, 2013, stating that “the lease period shall be from May 1, 2013 to April 30, 2014, the sublease deposit shall be KRW 3 million, and M shall be the rent of KRW 1.4 million per month from August 2012 to KRW 1.5 million from November 1, 2013.” The Defendant entered into a sublease contract with M that “the lease period shall be from May 1, 2013 to April 30, 2014, the rent of KRW 1.4 million per month from August 2012 to KRW 1.5 million shall be paid from November 1, 2013 to the Defendant as a sublease.”

(Trade Name was changed to O. In addition, on April 24, 2014, the Defendant concluded a sub-lease contract with the Defendant to pay the said sub-lease period to the Defendant from May 1, 2014 to April 30, 2015.

The defendant is above C.

such sub-lease contract as described in the subsection.

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