(영문) 서울중앙지방법원 2020.07.24 2018가단63502

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(영문) 서울중앙지방법원 2020.07.24 2018가단63502

손해배상 등 청구의 소

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1. The Defendant’s KRW 9,088,500 as well as the annual rate of KRW 5% from November 9, 2018 to July 24, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around May 2014, Sungnam-si, Sungnam-si C and D stores were operated as a head of the health care center (hereinafter “instant head of the health care center”). Around May 2014, the Defendant succeeded to the status of the tenant from the former operator of the instant head of the health care center and acquired the instant head of the health care center facilities and operated the instant head of the health care center.

On December 12, 2017, the Plaintiff succeeded to the status of the Defendant’s lessee as to the instant health care center, and entered into an agreement on the premium for the lease of commercial buildings (hereinafter “instant premium agreement”) with the Defendant with the following content:

Article 1 (Payment of Premiums) of the term of contract from January 29, 2016 to January 28, 2019 (36 months) total premium of 30,000,000 won (5,000,000 won for a contract, an intermediate payment of 10,000,000 won for a contract, December 12, 2017, the remainder payment of 15,00,000,000 won for a lease contract status of a lessee, monthly rent of 8,30,000 won for a lease, monthly rent of 8,00,000 won for a lessee, and the term of contract from January 29, 2016 to January 28, 2019 shall be between the lessee and the new lessee (the Plaintiff; hereinafter the same shall apply), and the lessee shall be able to enter into a lease contract with the lessor and the new lessee (the new lessee shall be referred to as the Plaintiff; hereinafter the same shall apply).

(3) A lessee shall transfer the following tangible and intangible property value in return for premiums until a new lessee pays any balance:

- Tangible property value: Business facilities, fixtures, authorization and permission rights, franchise rights, membership rights, etc. - intangible property value: Customer, credit, business know-how, business interest interest, etc. according to the location of the commercial building. 5 A lessee must immediately notify the new lessee of the change in terms of the relationship of rights, deposits, monthly rents, etc. on the leased object until the new lessee pays any balance after the conclusion of this contract until the payment of the balance.

Article 12. Facilities.

유사 판례

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