logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.09.28 2016가합48
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In fact, D, around 2004, set lease deposit amount of KRW 100 million, monthly rent of KRW 5.8 million, and constructed a building listed in attached Table 2 List 4 (hereinafter referred to as "the instant marina building") and a building listed in attached Table 2 List 5 (hereinafter referred to as "the instant marina warehouse") and attached Table 2 List 5 (hereinafter referred to as "the instant marina warehouse") on the ground and operated the marina (hereinafter referred to as "the instant marina") at the same time.

Nos. 1-2 and 2-2 of evidence Nos. 1-2, C and the Plaintiff engaged in a partnership business and intended to operate the instant marina, and acquired from D on July 30, 2004 the business related to the instant marina from D to KRW 770 million, including the claim for refund of deposit for lease deposit of KRW 100 million to D, and on August 5, 2004, the trade name "Fmat", joint business operators "C and the Plaintiff (50% of each equity), and operated the instant marina together.

After the completion of the evidence No. 1-2 and No. 2-2 of the Evidence No. 1-2 of the same Act, the plaintiff shall terminate the operation with C on September 8, 2005, and after reporting the withdrawal of joint business operators, he operated the marina in another place in Ulsan area. Since that time, C independently operated the instant marina and operated the retail store in attached Table 1 (hereinafter referred to as the "instant business").

On July 11, 2011, C, including the conclusion of the instant transfer contract between the Plaintiff and C, concluded a contract with the Plaintiff to transfer the instant business for KRW 400 million (hereinafter referred to as “instant transfer contract”), including the instant marina building, the instant marina warehouse, facilities, and fixtures, with the payment of KRW 61 million for the date of the contract, intermediate payment of KRW 39 million on July 12, 201, and the remainder of KRW 300 million on July 28, 201. However, the Plaintiff’s obligation to return the lease deposit with respect to the leased stores located within the instant marina is accepted.

arrow