(영문) 광주지방법원 2016.01.15 2014가합4745

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(영문) 광주지방법원 2016.01.15 2014가합4745

임대차보증금

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1. The request for intervention by the independent party of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant) is about 11,570.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of film and drama entertainment business, etc., and operated a theater with the trade name “A” in the 6th floor building located in Gwangju-gu, Gwangju-gu. The Defendant is a corporation established for the purpose of organizing and operating a franchise store, including the operation of a general retail store, and operated the instant store located in the 1st floor of the building as “E” by leasing it from the Plaintiff.

On October 26, 2010, an intervenor was appointed as the representative director of the Plaintiff and served until July 28, 201, and entered into the instant lease contract and a contract for the transfer of facilities with the Defendant on behalf of the Plaintiff as follows.

B. On November 8, 2010, the Plaintiff entered into a lease agreement and a facility transfer agreement with the Defendant and the instant store: KRW 500,000,000 per month: KRW 3,000,000 per month: the term of the contract: The Plaintiff entered into a lease agreement for two years from the open date; and on the same day, the Plaintiff entered into a business license and facility transfer agreement (hereinafter “instant transfer agreement”).

The transferor of the business license and the contract for the transfer and acquisition of the facilities: A transferee: In entering into the contract for the transfer and acquisition of the business and facilities for the said store B, the transferor shall be referred to as "A" and the transferee shall be referred to as "B" and the contract shall be concluded as follows:

- A - Article I (Agreement on Acquisition of Business and Facilities by Transfer) (1) “A” terminates a lease agreement concluded with the said real estate owner A and transfers the business and facilities for the said store to “B”.

(2) “B” shall pay 50 million won (50,000,000 won) to “A” for the premium set for the business of the said store and the transfer and takeover of the facilities therein.

The deposited money account: The FF account holder - Name C (A) Article 2 (Payment and Order of Transfer of Business and Facilities) (B). (B) The remainder:

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