(영문) 부산지방법원 2020.11.06 2019가단314991

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(영문) 부산지방법원 2020.11.06 2019가단314991

보증금반환 등 청구

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The loan claims in the principal lawsuit of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant)'s remaining principal claim and the plaintiff's other principal claim.

Reasons

1. Basic facts

A. On March 10, 2015, the Plaintiffs and the Defendant entered into a contract to operate a restaurant with the trade name “E” located on the D1st floor of Busan Jin-gu, Busan (hereinafter “E operation contract”). The main contents of the contract are as follows.

Article 2 of the E Project Contract Amount: 37,00,000 won for the project site shall be established or prepared at the designated place of the plaintiffs.

Article 4 Terms and Conditions for Payment (Additional Tax Map) of the total contract amount of KRW 84,00,000 (the defendant's head office) shall be KRW 47,00,000 (50%) 18,50,000,000, the balance (50%) 18,50,000 on March 16, 2015, and the guidance for operation under Article 7 on April 1, 2015, the defendant agrees to operate the head office directly as the head office for two years from the time of the contract.

The defendant shall maintain and operate the defendant's human resources in operation, and receive personnel expenses from the plaintiffs, and the defendant shall operate the defendant for a period of two years from the contract date, and the plaintiffs shall not interfere with the defendant's operation and shall not terminate the contract.

When the contract is terminated without mutual agreement between the plaintiffs, the plaintiffs shall pay the full amount of the head office to the defendant within one month from the termination date.

Article XI. This Agreement has all the trademark rights and franchise rights for the purpose of franchises.

B. From October 2016, the Plaintiffs and the Defendant concluded a lease agreement with the lessee of the said restaurant and the lessee of the said restaurant with the premium of KRW 55,00,000 on October 13, 2016. On the 26th of the same month, the Defendant concluded a lease agreement with the lessor and the said restaurant with the lease deposit amount of KRW 15,00,000, monthly rent of KRW 1,950,000, and the lease term of KRW 27, 2016 from October 27, 2016 to October 26, 2017.

C. The plaintiffs and the plaintiffs.

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