(영문) 서울중앙지방법원 2014.11.17 2014가단21708

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.11.17 2014가단21708

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 2011, the Plaintiff entered into a contract for the use of the place where the 176 cental underground store (hereinafter referred to as the “instant store”) and the D store located in the new world’s entrance (hereinafter referred to as the “D store”) at the 1,300,000 won per month from the Seocho-gu Seoul New Distribution Complex.

B. Around January 201, the Plaintiff entered into a mutual management agreement with the Defendant for monthly user fee of KRW 2,500,000 for the instant store and D store (Provided, That for six months after opening the store, KRW 2,00,000 for each six months after opening the store) and the contract period of the two years for the contract period (hereinafter “instant management agreement”).

C. On January 30, 2012, the Defendant sent to the Plaintiff a certificate of content that the Defendant had the right to use the instant store pursuant to the instant management contract, and thereafter, the Defendant remitted KRW 3,000,000 to the Plaintiff from February 2013 to December 2012.

From January 2013, the Defendant transferred KRW 2,00,000 to the Plaintiff around June 26, 2013, and KRW 2,00,000,000 to the Plaintiff around July 3, 2013, and KRW 2,00,00,000 around September of the same month.

E. Meanwhile, around January 2013, the Plaintiff changed the name of the user of the instant store to E, his/her father, but changed to F, Inc., Ltd., the representative director of the instant store (hereinafter “F”), and transferred all the Defendant’s royalty claims against the Defendant based on the use of the instant store from E and F.

F. At around December 31, 2013, Swiftships notified F of the purport to leave the store of this case without any intention to extend the use contract of the place for the store of this case since it expired.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 8, purport of the whole pleadings

2. The assertion and judgment

A. On July 201, the Plaintiff determined as to the claim for the payment of user fees on July 201, as to the instant store.

유사 판례

-서울중앙지방법원 2015.01.16 2014가단102492

-서울남부지방법원 2017.07.14 2016가단16348

-서울중앙지방법원 2015.11.13 2014가단5313181

-수원지방법원안산지원 2014.11.04 2013가단101814

-수원지방법원 2014.08.14 2013가단87181