(영문) 수원지방법원안양지원 2016.01.14 2015가단107142

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(영문) 수원지방법원안양지원 2016.01.14 2015가단107142

임대차보증금

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1. The Plaintiff (Counterclaim Defendant) Co., Ltd. from 22,50,000 to 16, 2015, from the Defendant (Counterclaim Plaintiff) C.

Reasons

1. Basic facts

A. Defendant C, as the owner of the real estate listed in the attached list (hereinafter “instant store”), was operating the instant store under the name of Defendant D, his/her father, and the Plaintiff, who became aware of the F’s introduction around August 2014, decided to transfer the right to operate the instant store to the Plaintiff A.

B. On August 21, 2014, Plaintiff A entered into a lease agreement on the instant store under the name of “Company G” with Defendant C, with a deposit of KRW 50 million, KRW 7 million per month (in addition, KRW 6 million per month until October 15, 2015), and the lease period from October 15, 2014 to October 14, 2019 (hereinafter “instant lease agreement”), and paid KRW 50 million thereafter.

C. On September 26, 2014, Plaintiff A established the Plaintiff Company to operate the instant store. On October 2, 2014, Plaintiff Company concluded a contract with Defendant D for the transfer of facilities and goodwill of the instant store, and paid KRW 140 million as the price (hereinafter “instant contract for the transfer of business”), and Defendant C guaranteed the implementation of the instant contract for the transfer of business.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The assertion and judgment as to the principal lawsuit

A. Although the net profit of the instant store was 23,580,169 won from January 1, 2014 to October 2014, the gist of the Plaintiff’s assertion, Defendant C deceiving the Plaintiff that the net profit of the instant store was 200 million won, and the Plaintiffs concluded the instant lease contract and the instant transfer contract. As such, the Defendant C cancelled the instant lease contract and the transfer contract by delivery of a copy of the instant complaint, Defendant C is obligated to pay the Plaintiff KRW 50 million to the Plaintiff, and Defendant D is obligated to refund the Plaintiff Company KRW 140,000,000 as the price for the instant transfer of business.

B. Judgment 1-No. 5-2

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