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(영문) 서울남부지방법원 2020.05.13 2019가단216439
권리금등청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 11,80,000 and the interest rate of KRW 12% per annum from April 9, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On August 9, 2014, the Plaintiff leased the land-based 19.425 square meters of the Guro-gu Seoul Metropolitan Government Ground Building (hereinafter “instant building”) from the Defendant as security deposit of 12,000,000 square meters, monthly rent of 800,000 won (payment on September 11, 201), and the lease term of 24 months from September 11, 2014 to September 10, 2016, respectively.

(hereinafter referred to as “instant lease agreement”) between the Plaintiff and the Defendant.

In accordance with the instant lease agreement, the Plaintiff operated a restaurant under the trade name of “D” after being handed over the branch of the instant building from the Defendant around that time, and the said lease agreement was renewed every year after the expiration of the period of validity.

C. On March 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement, which was difficult to operate the restaurant due to health aggravation. On April 6, 2018, the Plaintiff concluded a premium agreement with E on the said restaurant store, and arranged E to the Defendant as a new lessee.

However, the lease contract with E, which is a new lessee, has become ineffective on the wind that the defendant cannot grant a five-year lease term due to construction of a new building.

On May 5, 2018, the Plaintiff arranged FF as a new lessee on July 3, 2018, and G as a new lessee on July 3, 2018. The Defendant’s wife stated that the term of lease to sell or reconstruct the instant building cannot be less than two years, and F and G renounced the acquisition of the said restaurant store.

E. On September 10, 2018, the Plaintiff handed over the ground floor of the instant building to the Defendant.

On the other hand, between H and H on January 22, 2019, the Defendant entered into a lease agreement with each of the terms of 20,000,000,000, monthly rent of KRW 1,00,000, and the term of lease until February 22, 2021 with respect to the ground floor of the instant building, respectively, and H operates a restaurant with the trade name of “I” from the ground floor of the instant building as of the date of closing the argument in the instant case.

[Ground of recognition] Facts without any dispute, Gap's statements or images, and Eul's evidence 1 through 3.

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