(영문) 인천지방법원부천지원 2016.08.31 2015가단27035

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Reasons

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(영문) 인천지방법원부천지원 2016.08.31 2015가단27035

권리금

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1. The Defendant’s KRW 21,00,000 as well as the Plaintiff’s annual 5% from October 13, 2015 to August 31, 2016, and the following.

Reasons

1. Basic facts

A. On July 18, 2015, the Plaintiff entered into a lease agreement with C on the entire 1st floor of Seodaemun-gu Seoul Metropolitan Government D (hereinafter “instant store”).

A lessor: A lessee: The lease period of KRW 30,00,000 per month: 2,00,000 per month: from November 12, 2015 to November 11, 2017; the lease period of KRW 1,80,000 per month from November 12, 2015 to November 11, 2015; the lease period of KRW 1,80,000 per month from November 12, 2016 to November 201, and the lease amount of KRW 2,00,000 per month from November 11, 2017.

- If the lessee changes due to the circumstances of the lessee, the lessor agrees thereto.

B. On September 2015, the Plaintiff asked the lessor’s agent E about the change of the contractor of the lease agreement. However, E can be recognized as changing the contractor to a family, but it is not possible to change the contractor to a third party.

The plaintiff was introduced by the defendant through the licensed real estate agent F.

C. On September 15, 2015, the Plaintiff agreed to transfer the right of lease under the above contract to the Defendant, and entered into a contract for transfer and acquisition of the following rights with the Defendant (hereinafter “instant contract”).

The defendant paid 2,000,000 won to the plaintiff as contract deposit.

The transferor: The transferee of the Plaintiff: 23,000,000 won for the total premium of the lease contract for the store of this case, and 21,000,000 won for the premium of KRW 21,00,000 for the down payment, shall be paid to the transferor on October 12, 2015.

When a lease contract with a lessor is not concluded, the contract shall be invalidated.

If the assignee does not have an intermediate payment (if there is no intermediate payment agreement, the transferor shall compensate for the amount double the down payment, and the transferee may waive the down payment and rescind this contract.

The defendant and C shall pay the lease deposit amount of KRW 30,000,000, monthly rent of KRW 2,000 for the store of this case on the same day.

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