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(영문) 부산지방법원 2020.05.13 2019가합817
임대차보증금 및 시설비 및 권리금
Text

1. The Defendant shall pay to the Plaintiff KRW 300,000,000 and the interest rate of KRW 6% per annum from May 2, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 20, 2015, the Plaintiff agreed to transfer to the Defendant a total of KRW 385 million (i.e., KRW 100 million for security deposit and KRW 285 million for security deposit (hereinafter referred to as “instant agreement”) the facilities and rights related to the store located in Busan-gu, Busan-gu C and 2nd floor (hereinafter referred to as “D”) (hereinafter referred to as “instant agreement”).

(2) The specific contents of the instant agreement are as follows: (a) on the date of the contract, the Defendant was paid the down payment of KRW 50 million.

Down payment: The remainder of KRW 50 million: 335 million, remainder, and interest shall be repaid monthly in installments.

Interest shall be paid at 0.5% per month on the 10th day of each month.

The repayment of principal shall be KRW 5 million per month, and the repayment of principal shall be raised in consideration of the business status, etc. from the second year thereafter.

B. On December 15, 2016, the Plaintiff and the Defendant changed the remainder amount to KRW 315 million in total ( KRW 30 million for security deposit, facility cost, and premium KRW 285 million for security deposit) and KRW 265 million for security deposit under the instant agreement.

C. After the second contract was amended, the Plaintiff and the Defendant changed the remainder amount to KRW 350 million in total ( KRW 65 million for lease on a deposit basis, facility costs, and premium KRW 285 million for lease on a deposit basis) and KRW 350 million for the instant contract on May 1, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 6% per annum from May 2, 2015 to the date of full payment, which is the Plaintiff’s claim against the remainder of 300 million won under the instant agreement and the Plaintiff’s claim.

As to this, the defendant alleged to the effect that he has an objection to the developments leading up to the preparation of the instant written agreement and the amount of the agreed amount, but there is no evidence to acknowledge it, so the defendant's above assertion is

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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