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(영문) 부산지방법원 2014.05.27 2012가단104157
권리금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 20% per annum from December 19, 2012 to the day of full payment.

Reasons

1. Basic facts

A. On October 2007, the Plaintiff and the Defendant invested KRW 70,000,000 as premium (hereinafter “instant parking lot”) for the parking zone consisting of two parking zone units in the Da building located in Busan-gu, Busan-gu C (60 vehicles) and the surface parking lot (15 vehicle capacity) (hereinafter “instant parking lot”) in KRW 70,00,000 for the premium, deposit for lease (on rent), KRW 50,000 for the rent (on rent), KRW 5,00,000 for the brokerage fee (on rent) and to operate as a club business (hereinafter “instant business”). The Plaintiff and the Defendant invested KRW 125,000,000 for the total amount of investment in KRW 1/25,000 for 1/2,500,000 for each business.

B. On October 24, 2007, the Plaintiff and the Defendant concluded a mechanical parking lot management contract (hereinafter “instant parking lot management contract”) with regard to the instant parking lot for one year from October 24, 2007 to October 23, 2008, with respect to the instant parking lot from October 24, 2007 to October 23, 2008.

C. After that, the instant parking lot management contract was implicitly renewed every year, but the instant commission’s refusal to renew the contract was terminated on December 23, 2012.

The Plaintiff and the Defendant operated the instant parking lot from October 24, 2007 to October 23, 2012 as a partnership business.

On October 26, 2012, the Defendant concluded a mechanical parking lot management renewal contract with the term of entrustment with respect to the instant parking lot from October 26, 2012 to October 25, 2013 with respect to the instant parking lot, and operated the instant parking lot by concluding a mechanical parking lot management contract with the content that the monthly management expenses should be separately determined. On October 22, 2013, when the period of entrustment expires, the Defendant again concluded the period of entrustment with the instant commission for one year from October 26, 2013 to October 25, 2014, and operated the instant parking lot until now.

[Ground of recognition] dispute.

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