(영문) 의정부지방법원고양지원 2016.09.23 2014가단31250

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(영문) 의정부지방법원고양지원 2016.09.23 2014가단31250

양수금

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1. The Defendant shall pay to the Plaintiff KRW 62,00,000 and the interest rate of KRW 15% per annum from August 20, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. Heal Transport Co., Ltd. (hereinafter referred to as “interest transport”) is the owner of the instant coffee shop (hereinafter referred to as “instant coffee shop”) of the D hotel second floor, which is located on the ground and two lots above the C et al. of the parliamentary government.

B. On November 1, 2012, the Plaintiff decided to set up a coffee shop in this case from Japan, and the lease deposit is KRW 100,000,000 among them, and the remainder KRW 90,000,000 shall be paid respectively by December 20, 2012 when concluding a contract, and the rent is paid KRW 6,00,000,000 each month from December 20, 2012.

C. Around that time, the Plaintiff partially proceeded with the instant coffee shop via E, and the Plaintiff did not pay KRW 90,000,000 as the remainder of the lease deposit to be paid to interested parties by December 20, 2012.

2. Details of payment, such as the sale amount and the intermediate payment: Gross premium of KRW 80,00,000 for total premium of KRW 10,000 for total premium of KRW 10,000 for security deposit and KRW 70,000 for facilities and premium of KRW 70,000 for security deposit (transfer of leased property) [The transferor] shall deliver the leased property to the transferee (the defendant) by the day immediately before the commencement of the lease agreement, and the transferor shall remove all matters impeding the exercise of the right of lease and deliver all facilities and goodwill to enable the transferee to run immediately upon receipt of any balance.

except as otherwise provided in the agreement.

Article 4 [Cancellation of Contract] (Intermediation) (3) The transferor shall endeavor to conclude the lease agreement with the owner and the transferee as much as possible on the basis of the terms and conditions of the lease agreement (any change may be made at the request of the owner) under the following terms and conditions with the owner and the transferee before the remainder payment date. In the event that the lease agreement is not normally concluded or does not proceed, the transfer of this right shall be canceled,

3. Matters to be transferred or taken over.

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