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(영문) 서울서부지방법원 2020.01.21 2019가단10210
근저당권설정등기말소
Text

1. On November 15, 2018, the Defendant registered the Seoul Western District Court with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On August 10, 2018, the Defendant: (a) between C and C on August 10, 2018, leased a store located on the first floor, the first floor, the second floor, and the second floor of the ground in Mapo-gu Seoul Metropolitan Government D ground to KRW 100,000,000 for lease deposit; (b) the period from July 31, 2018 to January 30, 2019; and (c) operated restaurant business at the said store.

B. On November 2, 2018, the Plaintiff entered into a contract with the Defendant under which “the Plaintiff shall operate the said restaurant operated by the Defendant for one year upon delivery by the Plaintiff and pay a specified amount of the profits therefrom to the Defendant” (hereinafter “instant contract”).

C. However, given that the lessee of the above restaurant and the title holder of business registration were the Defendant, the Plaintiff decided to proceed under the name of the Defendant in the supply of alcoholic beverages or the receipt of alcoholic beverage loans from the liquor company, and reflecting this, the key contents of the instant contract are as follows.

3. The plaintiff shall bear the rent, management expenses, public imposts, and all other expenses related to the business while running the business.

4. Until January 31, 2019, business registration shall be maintained in the name of the defendant, and a new business registration shall be made in the name of the plaintiff from February 1, 2019 to February 1, 2019.

5. The defendant shall obtain a loan of alcoholic beverages and pay one million won to the plaintiff.

The plaintiff shall, at the same time as his/her business registration is made, return the above one million won to the defendant after acquiring the liquor loan of the defendant, and additionally pay the deposit amount of three million won.

6. In order to secure 4 million won for the Plaintiff to obtain a loan of alcoholic beverages and pay to the Defendant pursuant to the above 5. Paragraph 5., the Plaintiff shall grant the Defendant a right to collateral security of KRW 5 million with the maximum debt amount indicated in the attached list (hereinafter “instant real estate”).

7. The plaintiff shall pay the following profits to the defendant by the end of each month:

November 2018: 3 million won

(b) December 2, 2018: 3.5 million won;

(c) From January 2019 to April 2019: 4.5 million won per month;

(d) From May 2019 to October 2019: 5 million won per month;

D. The instant contract.

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