(영문) 광주지방법원 2018.02.02 2017나58440

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(영문) 광주지방법원 2018.02.02 2017나58440

권리금 청구

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On August 6, 2009, the Plaintiff owned the right to use and benefit from the instant building C (hereinafter “instant building”) on a wooden-si ground, and leased the instant building to the Defendant with the following content:

(hereinafter “instant lease agreement”). However, the Defendant, under the name of the lessee D, was the child of the Defendant.

① From August 6, 2009 to 24 months. ② Deposit KRW 10,00,000, monthly rent of KRW 1,200,000 (payment on August 18, 2009) ③ KRW 70,000,000 for premium, ④ Total amount of KRW 80,000,000 for premium and premium as follows: KRW 30,500,000 for premium and premium shall be paid until August 18, 2009 (contractual amount of KRW 4,50,00 for contract, intermediate payment of KRW 15,50,000 for contract, KRW 15,50,00 for interest and premium payment of KRW 10,00 for each payment on August 15, 209; KRW 205,000 for premium and premium payment of KRW 80,000 for 20 to 200,000 for 208.

B. Around August 6, 2009, the Defendant received the instant building from the Plaintiff and operated the main points by borrowing the Plaintiff’s name from the instant building to February 2, 2012. From August 6, 2009 to August 18, 2009, the Defendant paid to the Plaintiff KRW 30,000,000 as part of the deposit and premium.

C. On August 18, 2009, the Plaintiff and the Defendant drafted a cash custody certificate (the Plaintiff and D name; hereinafter “the cash custody certificate of this case”) with the following contents as to the unpaid premium of KRW 50,000,000 (hereinafter “the premium of this case”).

The amount of KRW 50,000,000 for a cash storage certificate: 25,000,000 as the outstanding amount of the premium for the lease of the building of this case shall be calculated on a daily basis to the Plaintiff and the remainder to be paid for one year (from August 20, 2009) shall be calculated as 2% per month (25,00,000 won). The premium of KRW 70,000,000 for a premium of this case shall be valid for two years.

D. The Plaintiff, as the nominal owner of the instant lease agreement, is the Gwangju District Court Decision 2014Kadan6549.

유사 판례

-광주지방법원목포지원 2017.06.28 2016가단53020

-광주지방법원목포지원 2015.08.13 2014가단6549

-서울남부지방법원 2016.03.23 2015가단217915

-서울고등법원 2016.06.23 2015나2073829

-서울중앙지방법원 2015.11.27 2015가합529534