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(영문) 수원지방법원안양지원 2019.11.29 2017가단125878
권리금 청구의 소
Text

1. The Defendant’s KRW 14,657,00 for the Plaintiff and KRW 5% per annum from November 14, 2017 to November 29, 2019.

Reasons

1. Facts of recognition;

A. On September 1, 201, the Plaintiff entered into a lease agreement with Siposi-si D and E (hereinafter “instant commercial building”) with a lease deposit of KRW 10 million, monthly rent of KRW 650,000,000, and the lease period of KRW 24 months from the date of delivery, and operated the instant commercial building with a clothing store. After which the owner of the instant commercial building changed to F and G, the Plaintiff entered into a lease agreement with the same content as the instant commercial building on August 15, 2014.

(hereinafter “instant lease agreement”). B.

While the instant lease contract was explicitly renewed later, the Defendant purchased the instant commercial building on November 25, 2016 and succeeded to the lessor’s status of the instant lease contract.

C. On March 8, 2017 and July 11, 2017, the Defendant expressed his/her intent to renew the instant commercial building by smelling content-certified mail to the Plaintiff by September 28, 2017, where the term of lease expires. D.

On August 17, 2017, the Plaintiff entered into a premium contract with the business facilities of the instant commercial building to transfer the tangible or intangible property value, and received KRW 2 million as the down payment on the same day. On August 17, 2017, the Plaintiff requested the Defendant to enter into a new lease contract with H by notifying the Defendant thereof on September 21, 2017.

However, on September 12, 2017, and September 26, 2017, the Defendant notified the instant commercial building of the Plaintiff’s refusal of the Plaintiff’s request.

Accordingly, the premium contract was reversed, and the plaintiff returned the down payment to H.

E. The appraised value of the instant commercial building is KRW 14,657,000,000, based on September 28, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 3 (including paper numbers), the result of the appraisal commission to appraiser I, the purport of the whole pleadings

2. Determination:

A. The occurrence of liability for damages of this case.

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