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(영문) 서울중앙지방법원 2015.11.27 2015가합529534
권리금 반환청구의 소
Text

1. As to KRW 164,572,602 among the Plaintiff and KRW 150,000 among them, the Defendant shall annually pay to the Plaintiff KRW 164,572,600 from May 9, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On June 16, 2004, the Defendant leased the lease deposit money of KRW 300,000,000,000, monthly rent of KRW 17,000,000, and the lease term of KRW 16,000,00 from June 16, 2004 to June 15, 2007, to the Plaintiff.

(hereinafter “instant lease agreement”). B.

At the time of the instant lease agreement, the Plaintiff paid KRW 150,00,000 as premium (hereinafter “the instant premium”) to the Defendant, and the Defendant agreed to return the amount equivalent to the said premium with interest of KRW 1.5% per month, if the Plaintiff is unable to receive the premium from the new lessee after the termination of the instant lease.

(hereinafter referred to as “instant premium agreement”). C.

The instant lease agreement was renewed several times even after the termination of the said lease term, and the Plaintiff and the Defendant agreed on September 30, 2014.

On the same day, the Defendant paid 180,853,200 won remaining after deducting overdue rent and management expenses, etc. from the lease deposit, and the Plaintiff transferred the instant building to the Defendant.

There is no fact that the Plaintiff received premium for the instant building from a third party.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 evidence 1, 2, Gap evidence 3 through 5, Eul evidence 1 to 3, Eul witness E's testimony and the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant seeks from October 1, 2014 to April 30, 2015, the sum of KRW 164,572,602 (i.e., KRW 150,000 x 0.18 x 0.18 x 197 x 197 x 365 x 165 x 164,572,602 (i.e., KRW 150,000,000 14,572,600,000) and the principal of the instant premium from October 1, 2014 to April 30, 2015, as the Plaintiff seeks.

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