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(영문) 수원지방법원 2016.03.31 2015나18821
물품대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 6, Eul evidence No. 1-1, 2, and Eul evidence No. 2 may be admitted, taking into account the whole purport of the pleadings:

On January 24, 2014, C, the Plaintiff’s mother, entered into a transfer contract (hereinafter “instant transfer contract”) with the Defendant with respect to the second floor E store in Jongno-gu Seoul Metropolitan City D market (hereinafter “instant store”) operated by C, and received KRW 50,000,000 out of the transfer price of KRW 63,00,000 from the Defendant to the deposit account in the name of C on the same day.

1. C assumes responsibility to the Defendant for a store operated on February 18, 2014, and gives the change of name under the lease agreement.

2. Details of lease shall be 17,000,000 won/ monthly rent of 1,700,000 won.

The term of lease shall be from February 18, 2014 to February 18, 2016.

3. Con January 24, 2014, transfers to the defendant all the rights of the store operated by C and all the things in the store.

4. C will receive 63,000,000 won for such a transfer from the defendant.

B. On February 21, 2014, the Defendant transferred KRW 13,000,000 in the balance of the transfer price under the instant transfer contract to C, and KRW 20,000,000 in total, out of KRW 17,000,000 in the lease deposit, which the Defendant agreed to pay C in lieu of taking the lessee’s status as to the instant store from C, to a deposit account in the name of C.

C. As between F and F on March 4, 2014, the Defendant concluded a lease agreement with F to lease the instant store with the following terms: (a) the Defendant’s lease deposit amount of KRW 17,000,000 from F; (b) monthly rent of KRW 1,80,000; and (c) the lease period of KRW 1,80,000 from February 18, 2014 to February 17, 2016 (hereinafter “instant lease agreement”).

On March 5, 2014, the defendant is transferred from C to C the status of tenant with respect to the instant store.

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